Notes and Thoughts on Interpreting the Constitution by Antonin Scalia I apologize for typos and such, I haven’t had time to thoroughly proof read this post yet.PreambleSo, I’m writing my philosophy of law paper on constitutional interpretation; “originalism” in particular. At first, I thought the whole idea of originalism kind of silly, but after doing some […]Read More Constitutional Interpretation: Originalism and Textualism (Scalia) Part 1
Notes and Thoughts on the Legal Issues Surrounding the Separation of Church and State in the Context of the Establishment ClauseOverviewSo, what’s the establishment clause? It’s the part of the first part of the first amendment that says “Congress shall make no law respecting the establishment of a religion”. The free exercise clause follows it […]Read More Separation of Church and State Part 2: The Establishment Clause and Accommodationist Position
Pre-ambleAs I mentioned in my previous entry, most of my posts from now until the end of the semester will be me (who else?) contemplating and trying out ideas for essays. Basically, I’m apologizing in advance for what might end up as “rambling”. For my philosophy of law paper I’m thinking of doing something about […]Read More Separation of Church and State: The Lemon Test
Ok, before I start I just want to note that there are clearly different ideas of social conventions. Take for example the person who is sitting across the room from me blabbing on her phone. The parameters: It’s Saturday night, I’m in my favourite study place (the laundry room) which is, I acknowledge, a public […]Read More What is Law? Baby Don’t Hurt Me, Don’t Hurt Me, No More…
Notes and Thoughts on Thomas Aquinas’ Summa TheologicaFavourite Quote of the Reading: “Consequentially it is evident that the proper effect of a law is to lead its subjects to their proper virtue; and since virtue is that which makes its subject good, it follows that the proper effect of law is to make those, to […]Read More Zumba Theologica Part 1: Aquinas Gets Down with Natural Law
Hamdi vs. Rumsfeld: Is The Detention of US Enemy Combatants Lawful?OverviewIn the immediate aftermath of 9/11, Yaser Hamdi an American citizen was captured by the Northern Alliance, then turned over to the US military in Afghanistan. The US government declared him an enemy combatant and detained him without access to legal council or the opportunity […]Read More Citizens Can Be Lawfully Detained: Oxymoron?