U.S. constitutional law
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All Greek
On Monday, the Supreme Court of the United States delivered its judgment in the case of Town of Greece v. Galloway, finding constitutional the town’s practice of opening the monthly meetings of its board with a prayer read by a “chaplain of the month,” chosen from among the town’s religious congregations. I have blogged about Continue reading
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Searching Freedom
I have already blogged (here and here) about the debate on whether the output of search engines such as Google should be protected by constitutional guarantees of freedom of expression, summarizing arguments by Eugene Volokh and Josh Blakcman. These arguments are no longer merely the stuff of academic debate. As both prof. Volokh and prof. Blackman report, Continue reading
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Is It in the Constitution?
How much does an entrenched constitutional text have to do with, you know, the actual constitution? I have argued (here and here for example) that a text is, at best, a partial and incomplete statement if what a constitution really is. It is quite possible to have a constitution without an entrenched text. But even Continue reading
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Living Next to You
Despite living so close, and despite our constitution (not only the main documents, but also the Supreme Court’s constitutional jurisprudence) being substantially influenced (including a negative influence ― attempts not to repeat perceived mistakes) by the American experience, Canadians tend not to know, or not to understand, American constitutional law and theory as well as Continue reading
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This Will Be Good
I wrote last summer about the issue whether a federal legislature could enact a statute in order to implement a treaty despite the fact that, absent the treaty, the statute would be ultra vires (because provincial or state, rather than the federal legislatures have jurisdiction over its subject matter. If so, I said, this would Continue reading
Double Aspect 