Category: Constitutional Law
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Tyranny of the Minority: The Unconstitutionality of the Filibuster
By Madeleine Polubinski — In recent years, congressional gridlock has focused national attention on the Senate’s filibuster. The filibuster is the process by which a minority of senators delay or prevent a vote on legislation by speaking as long as possible on the Senate floor, until three-fifths of the Senate invoke cloture, which moves the…
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Affirmative Action Admissions Regimes are Unconstitutional: Strict Scrutiny Should Mean Something
By Myles McKnight & Benjamin Edelson — Harvard’s affirmative action saga continues, or so we hope. After losses in the Federal District Court and the First Circuit Court of Appeals, the non-profit group seeking to do away with Harvard’s race-obsessed admissions regime has filed a Petition for Writ of Certiorari in our Nation’s highest tribunal.…
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Making the Case for Trump’s January 6th Speech as Incitement
By Beck Reiferson — On January 12th, Alan Dershowitz, Professor Emeritus at Harvard Law School and one of the nation’s most prominent attorneys, published an op-ed in the publication Newsweek in which he argued against the second impeachment of President Donald Trump on constitutional grounds. He reasoned that Trump’s false statements about the legitimacy of…