Author: Eleanor Stratton

Understanding the principles of constitutional interpretation is crucial for appreciating the foundation of American governance. The theories of originalism and living constitutionalism offer distinct perspectives on how the Constitution should be read and applied. These approaches shape judicial decisions that impact the nation’s legal landscape and societal norms. Originalism: Definition and Principles Originalism is a…

Constitutional Framework for National Defense The Constitution establishes distinct yet interconnected roles for each branch in national defense: The system of checks and balances prevents any single branch from gaining undue power over national defense. The President's military actions must align with congressional authorization, while Congress's laws can be reviewed by the judiciary. This interdependence…

Framers' View on Property Rights The Framers' perspective on property rights was shaped by philosophers like John Locke and William Blackstone. They considered property rights essential to personal liberty and societal order. Locke's idea that everyone has a right to property earned through their labor resonated with the Framers, who saw owning property as fundamental…

Historical Context and Framers' Intent The Framers' views on limited government were shaped by their experiences under British rule and their study of political philosophy. The colonists' struggles with laws like the Intolerable Acts instilled a distrust of centralized authority. Influential thinkers such as John Locke, Montesquieu, and William Blackstone provided the theoretical foundation for…

The balance of power between federal and state governments is a cornerstone of American governance. This dynamic is significant when addressing issues like the regulation of gas stoves. Understanding how constitutional principles guide these debates provides insight into the interplay between public health, environmental concerns, and consumer rights. Constitutional Framework The U.S. Constitution sets a…

Historical Context of ‘Under God’ in the Pledge and National Anthem The Pledge of Allegiance, written by Francis Bellamy in 1892, initially did not contain the words “under God.” This phrase was added during the Cold War in 1954, when President Eisenhower and Congress saw it as a way to differentiate the United States from…

Legal interpretations of gender-specific restroom restrictions and related transgender rights continue to evolve, shaped by court rulings and societal views. The constitutional debate remains central as courts and lawmakers address these issues. Legal Precedent and Court Rulings The Nebraska Attorney General’s opinion indicated that Legislative Bill 575, restricting K-12 school bathrooms and sports teams based…