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Articles 1 - 8 of 8
Full-Text Articles in Law
How Large Is Too Large For The Rule Of Law? Testimony Before The U.S. Senate Judiciary Committee, Hearing To Consider Proposals To Split The Ninth Circuit Court Of Appeals, John C. Eastman
John C. Eastman
Proposals to split the U.S. Court of Appeals for the Ninth Circuit have been around since the 1950s. A serious proposal was made to split both the 5th and the 9th back in the 1970s; the 5th was in fact split (into the current 5th and the 11th), but the 9th Circuit remains as it was, by far the largest circuit court in the country, responsible for more than 40% of the nation's territorty and 1 in every 5 members of its population. The Circuit currently has 28 active judges authorized and nearly 50 actually sitting (including senior circuit judges). …
Does The First Amendment's Freedom Of The Press Clause Place The Institutional Media Above The Law Of Classified Secrets?, John Eastman
Does The First Amendment's Freedom Of The Press Clause Place The Institutional Media Above The Law Of Classified Secrets?, John Eastman
John C. Eastman
Testimony before the U.S. House of Representatives Permanent Select Committee on Intelligence, contending that Section 798 of the Espionage Act, prohibiting the publication of classified information regarding U.S. communications capabilities, can constitutionally be applied to the media, for several reasons: 1) A majority of the Justices in the Pentagon Papers case recognized that prior restraints on publication of highly sensitive, classified information regarding ongoing military and communications operations would be permissible; 2) The prospect of post-publication liability for violating the Espionage Act was also recognized by a majority of the Justices; and 3) The Freedom of Press Clause of the …
The Constitutionality Of The Nsa Surveillance Program: A Letter To The House Judiciary Committee, John Eastman
The Constitutionality Of The Nsa Surveillance Program: A Letter To The House Judiciary Committee, John Eastman
John C. Eastman
Following the December 2005 disclosure by the New York Times of a highly-classified National Security Agency surveillance program that was authorized by President Bush shortly after the September 11, 2001 terrorist attacks on the United States, there has been a great national debate, both scholarly and popular, about the legality of the program. Opponents claim that it violates the FISA statute's requirement that executive branch officials first obtain a warrant before conducting surveillance on enemy communications that originate or terminate in the United States itself. They also claim that, even if FISA statute was implicitly amended by the post-9/11 Authorization …
Constitutions, John Eastman
Constitutions, John Eastman
John C. Eastman
In the past decade, a number of state courts have found a new "fundamental right" to education in centuries-old state constitutional provisions. These courts have then used the fundamental rights determinations to establish levels of educational funding that, in the court's view, are required to be constitutionally "adequate", and even to mandate the content of the curriculum itself, ignoring considered legislative judgments to the contrary in the process. In this paper, I explore the historical understanding of the actual language of the state constitutional provisions on which these new state court decisions rest, concluding that in almost every instance the …
Listening To The Enemy: The President's Power To Conduct Surveillance Of Enemy Communications During Time Of War, John Eastman
Listening To The Enemy: The President's Power To Conduct Surveillance Of Enemy Communications During Time Of War, John Eastman
John C. Eastman
Ever since the New York Times published classified information in December 2005 about the efforts by the National Security Agency to intercept enemy communications to or from sources in the United States (as authorized by the President in his capacity as Commander-In-Chief), there has been a great hew and cry about the President's "illegal" conduct. Calls of impeachment have even been heard, both in the media and in the halls of Congress. The Congressional Research Serviced weighed in at the request of members of Congress, concluding that "it might be argued" that the President had violated the Foreign Intelligence Surveillance …
Adequacy And The Rights Revolution: Reinterpreting The Education Clauses In State Constitutions, John C. Eastman
Adequacy And The Rights Revolution: Reinterpreting The Education Clauses In State Constitutions, John C. Eastman
John C. Eastman
No abstract provided.
Philosopher King Courts: Is The Exercise Of Higher Law Authority Without A Higher Law Foundation Legitimate?, John C. Eastman
Philosopher King Courts: Is The Exercise Of Higher Law Authority Without A Higher Law Foundation Legitimate?, John C. Eastman
John C. Eastman
When our nation's Founders designed our constitutional system of government as the means to secure the inalienable rights described in the Declaration of Independence, they placed great stock in the structural provisions of the Constitution, even greater than in a judicially-enforceable bill of rights. Although they certainly envisioned judicial review, it is hard to fathom that they would have sanctioned a judiciary that decides every major (and a good number of the minor) political issue of the day. Even less clear is the ground of authority on which the modern-day court rests. This article considers several possible claims of legitimacy …
Politics And The Court: Did The Supreme Court Really Move Left Because Of Embarrassment Over Bush V. Gore?, John C. Eastman
Politics And The Court: Did The Supreme Court Really Move Left Because Of Embarrassment Over Bush V. Gore?, John C. Eastman
John C. Eastman
The premise of the "hot topics" panel at the 2005 AALS convention was that the Rehnquist Court had in 2004 retreated from its bolder conservatism, asserting itself on the side of individual liberty against a federal government that had grown increasingly cavalier toward civil liberties during three years of a war on terror and two decades of a renewed war on crime. Proof of the premise was said to be found in a pair of Sixth Amendment cases, Crawford v. Washington and Blakely v. Washington, and also in the trilogy of terrorism cases, Rumsfeld v. Padilla, Hamdi v. Rumsfeld, and …