New Rockford Transcript - Official Newspaper of Eddy County since 1883

Articles written by David Adler

Sorted by date  Results 1 - 25 of 44



 By David Adler    Opinion    August 2, 2021 

Advice and consent: Constitutional duty of the Senate

Some readers may remember that their introduction to this ancient phrase came when they picked up a copy of Allen Drury’s 1959 Pulitzer-Prize winning novel, “Advise and Consent,” which described a passionate and energetic U.S. Senate engulfed...

 
 By David Adler    Opinion    July 19, 2021

Congressional term limits: Light from the 22nd Amendment

The debate surrounding proposals for term limits on members of Congress would benefit from a reminder of the reasoning behind the 22nd Amendment, which imposed a two-term limit on the presidency. That amendment, ratified in 1951, is now 70 years...

 
 By David Adler    Opinion    July 12, 2021

Where frequent elections end, tyranny begins

Students of the Constitution often ask for an explanation of the Constitutional Convention’s rationale for distinguishing the length of terms for members of the U.S. House of Representatives, and the U.S. Senate. Why, they wonder, do Representative...

 
 By David Adler    Opinion    July 5, 2021

Ratifying the Constitution: Democracy in action

On June 21, 1788, New Hampshire became the ninth state to ratify the proposed Constitution. This was an act for the ages, because it not only marked the technical implementation of the new law of the...

 
 By David Adler    Opinion    June 28, 2021

We the People: To regulate in the last resort

Does Congress, under the Time, Place and Manner Clause of the Constitution, possess authority to “alter” or otherwise override state laws governing the conduct of congressional elections? That is the central constitutional question at the heart...

 
 By David Adler    Opinion    June 21, 2021

Trump's claimed reinstatement: A Constitutional myth

Former President Donald Trump has been telling people that he expects to be “reinstated” as president, in August. The premise behind this theory, embraced by his MAGA supporters, is that President Joe Biden’s election victory will be...

 
 By David Adler    Features    June 14, 2021

The mystery of the Ninth Amendment

Likely the most mysterious provision of the Bill of Rights, the question of the meaning of the Ninth Amendment, has generated numerous interpretations and theories. Though not invoked by the Supreme Court for the first time in our nation’s history...

 
 By David Adler    Features    June 7, 2021

We the People: The beguiling 10th Amendment

Throughout our nation’s history, the 10th Amendment to the Constitution has been misconstrued for the purpose of advancing state sovereignty, at the expense of the Supremacy Clause. Some have invoked it as a second Supremacy Clause. The language...

 
 By David Adler    Features    May 31, 2021

Nullification: Old wine in new bottles

The doctrine of nullification, a pernicious pillar of southern resistance to the federal government in the 19th and 20th centuries, promotes a constitutional theory that was emphatically rejected by the framers of the Constitution, when they cast the...

 
 By David Adler    Features    May 24, 2021

We the People - Ouster of Liz Cheney: Historic implications for American democracy

If Rep. Liz Cheney (R-Wy.) had been purged from the House GOP leadership simply because of policy differences on matters of domestic and international issues, few in the United States, outside the ranks of party activists, reporters and political...

 
 By David Adler    Features    May 17, 2021

Disaster for the Constitution: Flawed assertions of state sovereignty

No doctrine has posed a greater threat to the U.S. Constitution than the flawed assertion of state sovereignty. It represented the extreme versions of the Virginia and Kentucky Resolutions of 1798, that asserted the authority of states to nullify...

 
 By David Adler    Features    May 10, 2021

Probing federalism: The Supremacy Clause

“Federalism,” which refers to the allocation of powers between the federal and state governments, has been a source of contention since the dawn of the republic. American citizens have vigorously participated in discussions and debates about how...

 
 By David Adler    Features    May 3, 2021

A cellphone recording, First Amendment rights and a guilty verdict

When 17-year old Darnella Frazier used her cell phone on May 25, 2020, to record the murder of George Floyd - a horrifying episode which, viewers across the globe know, lasted nine minutes and 29 seconds, she probably did not stop to think that she...

 
 By David Adler    Features    April 26, 2021

The Biden Commission and the concept of court packing

President Biden recently signed an executive order creating a bi-partisan commission that will study U.S. Supreme Court reform and, among other things, examine the size of the court and the justices’ lifetime appointments. The order excited partisa...

 
 By David Adler    Features    April 19, 2021

The personal Constitution: Embodied in the First Amendment

The concept of the “personal Constitution,” which we introduced in this column last week, is personified in the First Amendment freedoms, particularly in the rights of religious liberty and freedom of expression. The exercise of these liberties...

 
 By David Adler    Features    April 12, 2021

We the People: Personalizing the Constitution

Together, the Declaration of Independence and the U.S. Constitution form what Gunnar Myrdal called the “American Creed.” The Declaration, written in eloquent, glittering generalities, invokes the Deity and inalienable rights, speaks of...

 
 By David Adler    Features    April 5, 2021

Fundamental fairness: Statehood for Washington, D.C.

The introduction of H.R. 51, a bill to make Washington, D.C., the 51st state — the “Washington, Douglas Commonwealth” — would grant its 700,000 residents the same rights enjoyed by Americans in every other state — full voting...

 
 By David Adler    Features    March 29, 2021

We the People: Protecting Freedom of Speech

As we have seen in our recent discussion of tests employed by the U.S. Supreme Court to determine the parameters of speech afforded protection under the First Amendment, the great dilemma confronting our nation occurs when speech appears to incite...

 
 By David Adler    Features    March 22, 2021

We the People: Holmes' Defense of Freedom Speech

Justice Oliver Wendell Holmes’ invention in 1919, of the Clear and Present Danger Test, in Schenck v. United States, provided little protection for dissenters who opposed America’s role in World War I. Charles Schenck went to prison for...

 
 By David Adler    Features    March 15, 2021

We the People: Dissenting speech v. national security claims

The question of governmental authority to punish speech in the name of national security came before the Supreme Court for the first time in 1919 in Schenck v. United States, resulting in the court’s first major ruling on the scope of freedom of...

 
 By David Adler    Features    March 8, 2021

We the People: May government curtail free speech?

Does the government have authority to curtail speech that might cause injury to our national security? Such power, asserted throughout the history of our nation, raises thorny questions about the nature, meaning and scope of two key constitutional...

 
 By David Adler    Features    March 1, 2021

Free Speech Clause: Origins and purposes

The guarantee of freedom of speech, central to Americans’ participation in self-governance and the life of the nation, is secured by the First Amendment of the Constitution. Ratified in 1791, the Free Speech Clause provides: “Congress shall make...

 

We the People: Free constitutional seminars

The U.S. Constitution is all-Broadway, all the time. Americans may not realize its center stage presence in the life of the nation, but it governs our daily lives, often sight unseen. There are other junctures, however, when disputes about...

 

We the People: The Constitution and the Trump impeachment trial

The forthcoming Senate impeachment trial of former President Donald Trump, sure to dominate headlines and newscasts, raises a host of constitutional questions with political implications likely to extend for years to come. Last week, we reviewed the...

 

We the People: Trial for a former president?

Does the U.S. Senate have the authority to hold an impeachment trial for former President Donald Trump? Good-faith arguments have been advanced by both sides in this growing debate, which invites close scrutiny of the scope of the Senate’s power...

 

Page Down

Our Family of Publications Includes:

Powered by ROAR Online Publication Software from Lions Light Corporation
© Copyright 2021