Tag Archives: Constitutional Law

Dual-Sovereignty Doctrine Up For Gamble

SOPHIA RUB—On December 6, 2018, the Supreme Court of the United States heard oral arguments for Gamble v. United States. The defendant, Gamble, called for the Court to revisit the constitutionality of the dual-sovereignty doctrine as a valid exception to the Double Jeopardy Clause of the Fifth Amendment. Embed from Getty Images The Fifth Amendment’s […]

Why the President Can Not Rely on His Own Powers to Fund the Border Wall: A Story of Separation of Powers

ANABEL BLANCO—On Saturday, December 22, the U.S. government entered a partial shutdown after President Trump and Congress failed to reach an agreement to pass a spending bill—a proposed law that authorizes the expenditure of government funds. President Trump demanded that the bill include 5.6 billion dollars in border wall funding, something that democrats steadfastly oppose. […]

The Unconstitutionality of Trump’s Executive Order to End Birthright Citizenship

ANGEL SANCHEZ—Who are “All persons born…in the United States and subject to the jurisdiction thereof”? The answer governs who is constitutionally entitled to birthright citizenship. The Citizenship Clause provides that: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein […]

SCOTUS Answers the Call to Hear Cases on Warrantless Searches of Cellphones

BY DANA TURJMAN — On January 17, 2014, the U.S. Supreme Court granted certiorari to review two cases challenging law enforcement’s authority to conduct a warrantless search of an arrestee’s cell phone. The petitioners in the cases, United States v. Wurie and Riley v. California, argued that their Fourth Amendment rights were violated when police […]

New Year, No Drug Tests for TANF Applicants–For Good

BY KATHERINE CLEMENTE– Just as 2013 drew to a close, a federal judge struck down Florida’s welfare drug testing law. Judge Mary Scriven of the United States District Court for the Middle District of Florida held that the law was an unconstitutional violation of the Fourth Amendment protection against unreasonable government searches. The law required […]