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	Comments on: Constitutional law roundup	</title>
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	<description>Chronicling the high cost of our legal system</description>
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		<title>
		By: Allan		</title>
		<link>https://www.overlawyered.com/2019/09/constitutional-law-roundup-15/comment-page-1/#comment-356214</link>

		<dc:creator><![CDATA[Allan]]></dc:creator>
		<pubDate>Wed, 25 Sep 2019 16:23:47 +0000</pubDate>
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					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2019/09/constitutional-law-roundup-15/comment-page-1/#comment-356198&quot;&gt;David C&lt;/a&gt;.

David,

Good point.  On the other hand, the Warren court&#039;s criminal law decisions and many of the pro new-deal decisions certainly show that the constitution can be interpreted in ways that are not &quot;in the interest of a small number of rich white males.&quot;  I would submit that, even if the constitution was written to protect a group of people, it uses broad enough language to fail at its purpose.  Consequently, the writer/star is concerned that the constitution is succeeding in what it was intended to do, as opposed to necessarily being anti-constitution.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2019/09/constitutional-law-roundup-15/comment-page-1/#comment-356198">David C</a>.</p>
<p>David,</p>
<p>Good point.  On the other hand, the Warren court&#8217;s criminal law decisions and many of the pro new-deal decisions certainly show that the constitution can be interpreted in ways that are not &#8220;in the interest of a small number of rich white males.&#8221;  I would submit that, even if the constitution was written to protect a group of people, it uses broad enough language to fail at its purpose.  Consequently, the writer/star is concerned that the constitution is succeeding in what it was intended to do, as opposed to necessarily being anti-constitution.</p>
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		<title>
		By: David C		</title>
		<link>https://www.overlawyered.com/2019/09/constitutional-law-roundup-15/comment-page-1/#comment-356198</link>

		<dc:creator><![CDATA[David C]]></dc:creator>
		<pubDate>Wed, 25 Sep 2019 03:18:38 +0000</pubDate>
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					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2019/09/constitutional-law-roundup-15/comment-page-1/#comment-356176&quot;&gt;Allan&lt;/a&gt;.

&quot;The writer/star is not anti-constitution. She simply does not like the way the constitution is interpreted by 9 people… &quot;

I don&#039;t think anyone likes the way that it&#039;s interpreted in all cases. But the writer&#039;s problems with it seem to run deeper than that.

&lt;blockquote&gt;“Today, however, I actually don’t think our Constitution is failing. I think it is doing exactly what it was designed to do from the beginning, which is to protect the interest of a small number of rich white men.”&lt;/blockquote&gt;

That&#039;s not what you say when you&#039;re just disagreeing with interpretations.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2019/09/constitutional-law-roundup-15/comment-page-1/#comment-356176">Allan</a>.</p>
<p>&#8220;The writer/star is not anti-constitution. She simply does not like the way the constitution is interpreted by 9 people… &#8221;</p>
<p>I don&#8217;t think anyone likes the way that it&#8217;s interpreted in all cases. But the writer&#8217;s problems with it seem to run deeper than that.</p>
<blockquote><p>“Today, however, I actually don’t think our Constitution is failing. I think it is doing exactly what it was designed to do from the beginning, which is to protect the interest of a small number of rich white men.”</p></blockquote>
<p>That&#8217;s not what you say when you&#8217;re just disagreeing with interpretations.</p>
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		<title>
		By: Steve		</title>
		<link>https://www.overlawyered.com/2019/09/constitutional-law-roundup-15/comment-page-1/#comment-356197</link>

		<dc:creator><![CDATA[Steve]]></dc:creator>
		<pubDate>Wed, 25 Sep 2019 02:00:17 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73044#comment-356197</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2019/09/constitutional-law-roundup-15/comment-page-1/#comment-356176&quot;&gt;Allan&lt;/a&gt;.

Allan, there&#039;s certainly people who have issues with the Constitution&#039;s content: indirect election of the President and the uniform number of Senators per state are two obvious ones, then there&#039;s the lack of term limits, and apparently there&#039;s some people who have problems with the 1st Amendment these days (I admit, I&#039;d prefer a far more restrictive Establishment Clause). I remember when I was 15 being embarrassed at a restaurant because my grandfather was calling the 19th Amendment a mistake while our waitress was at the table. Nobody likes the 16th Amendment.

Not sure whether or not that sort of thing counts as disliking the constitution... but unless our current constitution is word-for-word what you&#039;d write if you were in charge of starting over from scratch like Charles DeGaulle got to do for France, then there&#039;s parts you dislike.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2019/09/constitutional-law-roundup-15/comment-page-1/#comment-356176">Allan</a>.</p>
<p>Allan, there&#8217;s certainly people who have issues with the Constitution&#8217;s content: indirect election of the President and the uniform number of Senators per state are two obvious ones, then there&#8217;s the lack of term limits, and apparently there&#8217;s some people who have problems with the 1st Amendment these days (I admit, I&#8217;d prefer a far more restrictive Establishment Clause). I remember when I was 15 being embarrassed at a restaurant because my grandfather was calling the 19th Amendment a mistake while our waitress was at the table. Nobody likes the 16th Amendment.</p>
<p>Not sure whether or not that sort of thing counts as disliking the constitution&#8230; but unless our current constitution is word-for-word what you&#8217;d write if you were in charge of starting over from scratch like Charles DeGaulle got to do for France, then there&#8217;s parts you dislike.</p>
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		<title>
		By: gitarcarver		</title>
		<link>https://www.overlawyered.com/2019/09/constitutional-law-roundup-15/comment-page-1/#comment-356182</link>

		<dc:creator><![CDATA[gitarcarver]]></dc:creator>
		<pubDate>Tue, 24 Sep 2019 16:36:01 +0000</pubDate>
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					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2019/09/constitutional-law-roundup-15/comment-page-1/#comment-356147&quot;&gt;SPO&lt;/a&gt;.

If this is illegal in Arizona, Florida is in trouble too.  

Many counties enact a &quot;bed tax&quot; which taxes those who stay in hotels, motels and short term rentals.  

https://floridarevenue.com/taxes/taxesfees/Pages/local_option.aspx

The money raised generally goes into projects that supports tourism as well as projects that &quot;clean up&quot; areas which are greatly effected by tourists.   (Beaches, rivers, etc.)]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2019/09/constitutional-law-roundup-15/comment-page-1/#comment-356147">SPO</a>.</p>
<p>If this is illegal in Arizona, Florida is in trouble too.  </p>
<p>Many counties enact a &#8220;bed tax&#8221; which taxes those who stay in hotels, motels and short term rentals.  </p>
<p><a href="https://floridarevenue.com/taxes/taxesfees/Pages/local_option.aspx" rel="nofollow ugc">https://floridarevenue.com/taxes/taxesfees/Pages/local_option.aspx</a></p>
<p>The money raised generally goes into projects that supports tourism as well as projects that &#8220;clean up&#8221; areas which are greatly effected by tourists.   (Beaches, rivers, etc.)</p>
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		<title>
		By: Allan		</title>
		<link>https://www.overlawyered.com/2019/09/constitutional-law-roundup-15/comment-page-1/#comment-356176</link>

		<dc:creator><![CDATA[Allan]]></dc:creator>
		<pubDate>Tue, 24 Sep 2019 14:46:12 +0000</pubDate>
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					<description><![CDATA[re: Writer/Star

I think Ferguson has it wrong.  The writer/star is not anti-constitution. She simply does not like the way the constitution is interpreted by 9 people...  

She should join the club.  I believe that anyone who has any thoughts about the subject likes and dislikes how the constitution has been interpreted.  That does not mean that they dislike the constitution itself.  

Some examples:  pro-life people don&#039;t like that the constitution protects abortion; federalists don&#039;t like the enormous power that the federal government has ceded itself; anti-gun activists don&#039;t like that the 2nd amendment applies to individuals; anti-corruptionists don&#039;t think that money is speech; racists don&#039;t like that they cannot discriminate.

I would submit that, despite their disagreements with interpretation, each of the groups would say they support the constitution.]]></description>
			<content:encoded><![CDATA[<p>re: Writer/Star</p>
<p>I think Ferguson has it wrong.  The writer/star is not anti-constitution. She simply does not like the way the constitution is interpreted by 9 people&#8230;  </p>
<p>She should join the club.  I believe that anyone who has any thoughts about the subject likes and dislikes how the constitution has been interpreted.  That does not mean that they dislike the constitution itself.  </p>
<p>Some examples:  pro-life people don&#8217;t like that the constitution protects abortion; federalists don&#8217;t like the enormous power that the federal government has ceded itself; anti-gun activists don&#8217;t like that the 2nd amendment applies to individuals; anti-corruptionists don&#8217;t think that money is speech; racists don&#8217;t like that they cannot discriminate.</p>
<p>I would submit that, despite their disagreements with interpretation, each of the groups would say they support the constitution.</p>
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		<title>
		By: John Fembup		</title>
		<link>https://www.overlawyered.com/2019/09/constitutional-law-roundup-15/comment-page-1/#comment-356161</link>

		<dc:creator><![CDATA[John Fembup]]></dc:creator>
		<pubDate>Mon, 23 Sep 2019 20:17:38 +0000</pubDate>
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					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2019/09/constitutional-law-roundup-15/comment-page-1/#comment-356152&quot;&gt;John Rohan&lt;/a&gt;.

It prompts the question.  It does not beg the question. ?]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2019/09/constitutional-law-roundup-15/comment-page-1/#comment-356152">John Rohan</a>.</p>
<p>It prompts the question.  It does not beg the question. ?</p>
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		<title>
		By: Parkhorse		</title>
		<link>https://www.overlawyered.com/2019/09/constitutional-law-roundup-15/comment-page-1/#comment-356155</link>

		<dc:creator><![CDATA[Parkhorse]]></dc:creator>
		<pubDate>Mon, 23 Sep 2019 16:46:52 +0000</pubDate>
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					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2019/09/constitutional-law-roundup-15/comment-page-1/#comment-356152&quot;&gt;John Rohan&lt;/a&gt;.

To the best of my understanding, they&#039;re just not a federally recognized tribe. Probably should be, but there&#039;s a petitioning process, etc. This has also apparently caused FHA issues and the like, which the tribes would be exempt from if they &lt;I&gt;were&lt;/I&gt; federally recognized.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2019/09/constitutional-law-roundup-15/comment-page-1/#comment-356152">John Rohan</a>.</p>
<p>To the best of my understanding, they&#8217;re just not a federally recognized tribe. Probably should be, but there&#8217;s a petitioning process, etc. This has also apparently caused FHA issues and the like, which the tribes would be exempt from if they <i>were</i> federally recognized.</p>
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		<title>
		By: John Rohan		</title>
		<link>https://www.overlawyered.com/2019/09/constitutional-law-roundup-15/comment-page-1/#comment-356152</link>

		<dc:creator><![CDATA[John Rohan]]></dc:creator>
		<pubDate>Mon, 23 Sep 2019 16:07:17 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73044#comment-356152</guid>

					<description><![CDATA[So I guess that native residents of Guam aren&#039;t covered by the Bureau of Indian Affairs and don&#039;t get the same protections or privileges that native Americans get? That does beg the question - why not?]]></description>
			<content:encoded><![CDATA[<p>So I guess that native residents of Guam aren&#8217;t covered by the Bureau of Indian Affairs and don&#8217;t get the same protections or privileges that native Americans get? That does beg the question &#8211; why not?</p>
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		<title>
		By: SPO		</title>
		<link>https://www.overlawyered.com/2019/09/constitutional-law-roundup-15/comment-page-1/#comment-356149</link>

		<dc:creator><![CDATA[SPO]]></dc:creator>
		<pubDate>Mon, 23 Sep 2019 14:02:46 +0000</pubDate>
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					<description><![CDATA[https://reason.com/2019/09/20/a-michigan-man-has-been-acquitted-by-a-jury-for-criticizing-a-county-judge-on-facebook/

Does the First Amendment allow this prosecution?  Apparently so.]]></description>
			<content:encoded><![CDATA[<p><a href="https://reason.com/2019/09/20/a-michigan-man-has-been-acquitted-by-a-jury-for-criticizing-a-county-judge-on-facebook/" rel="nofollow ugc">https://reason.com/2019/09/20/a-michigan-man-has-been-acquitted-by-a-jury-for-criticizing-a-county-judge-on-facebook/</a></p>
<p>Does the First Amendment allow this prosecution?  Apparently so.</p>
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		<title>
		By: SPO		</title>
		<link>https://www.overlawyered.com/2019/09/constitutional-law-roundup-15/comment-page-1/#comment-356147</link>

		<dc:creator><![CDATA[SPO]]></dc:creator>
		<pubDate>Mon, 23 Sep 2019 13:28:39 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73044#comment-356147</guid>

					<description><![CDATA[Regarding the Arizona tax---why wouldn&#039;t the state have the right to do this?  This is qualitatively different from leveraging in-state activity to tax out-of-state activity.  With all due respect to Mr. Somin, his position is completely all wet, unless he is arguing for an extension of existing doctrine.]]></description>
			<content:encoded><![CDATA[<p>Regarding the Arizona tax&#8212;why wouldn&#8217;t the state have the right to do this?  This is qualitatively different from leveraging in-state activity to tax out-of-state activity.  With all due respect to Mr. Somin, his position is completely all wet, unless he is arguing for an extension of existing doctrine.</p>
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