Key SCOTUS Cases – Article I

September 21, 2010

Art. I. (Legislative Branch), § 8 (Enumerated Powers), Cl. 18 (Necessary & Proper Clause):  McCulloch v. Maryland, 17 U.S. 316 (1819).
Congress created a national bank.  Md. taxed bank notes not chartered in Md., which harmed the national bank as the only out-of-state bank.  When the national bank refused to pay the tax, Md. filed suit.  [...]

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Key SCOTUS Cases – C & A Carbone, Inc. v. Town of Clarkstown

September 16, 2010

C & A Carbone, Inc., v. Town of Clarkstown
Legislative Branch; Enumerated Powers; Dormant Commerce Clause
Town built a waste recycling center and enacted an ordinance requiring all solid waste generated in the town to pass through its center.  Company processed solid waste, did not use Town’s facility, and was cited for violating the ordinance.  Supreme Court [...]

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Key SCOTUS Cases – United States v. Lopez

August 31, 2010

United States v. Lopez, 514 U.S. 549 (1995).
This case was the first case, since the New Deal, that limited congressional authority under the Commerce Clause.  Defendant was convicted of violating Gun-Free School Zones Act of 1990 by carrying a handgun and cartridges into his school.  Government argued that the Act was within Commerce Clause powers [...]

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Key SCOTUS Cases – Sabri v. United States

August 25, 2010

Sabri v. United States, 541 U. S. 600 (2004).
Art. I. (Legislative Branch), § 8 (Enumerated Powers), Cl. 1 (Spending Clause):  
Defendant was charged with bribery of official, under 18 U.S.C. § 666(a)(2), which imposes federal criminal penalties for corruptly giving, offering, or agreeing to give anything of value to any person, with intent to influence [...]

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What is a Probation Before Judgment (PBJ)?

August 17, 2010

If a Defendant is found guilty by a judge or a jury, or if a Defendant pleads guilty, the next step is sentencing.  The judge determines (1) whether to impose a sentence, and (2) if a sentence is imposed, whether to execute upon all of that sentence, some of that sentence, or none of that [...]

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The Second Amendment Limits Congress and the States – II

July 12, 2010

Heller was a federal case, having arisen in the District of Columbia.  After Heller, the issue became whether the limitation on Government, as found by the Court in Heller, was also a limitation on state and local governments.  The day after the Supreme Court filed its opinion in Heller, the NRA filed suit in Chicago, [...]

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Lawn Campaign Signs in Baltimore County

July 9, 2010

I’m taking a break from my 2 post series on the 2nd amendment to talk about something hot in the Baltimore County news…
One thing that makes our country great is the First Amendment.  We have the right to speak our mind.  In theory, the “marketplace of ideas” will regular us, rather than having the Government [...]

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The Second Amendment Limits Congress and the States – I

July 7, 2010

The Second Amendment to the United States Constitution, which was ratified in 1791, provides:  “A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”  For more than two centuries, scholars debated the intent of these 27 words.  Was [...]

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LIFE should not mean LIFE WITHOUT PAROLE – Part II

June 14, 2010

Two weeks ago, I explained that, for first degree murder, Maryland has a sentencing option of “life with the possibility of parole” and “life without the possibility of parole.”  I explained that, for 15 years, three different Governors have, in effect, treated both life with parole and life without parole as if they were life [...]

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Baltimore Police, Guns, and Drinking Alcohol

June 8, 2010

A few days ago, a Baltimore City police officer was at a nightclub with his girlfriend.  A former marine allegedly inappropriately touched the officer’s girlfriend and words were exchanged.  Apparently, this led to a physical altercation.  It appears that the former marine was unarmed.  Eventually, the officer fired all 13 rounds from his service weapon, [...]

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