Tag Archives: Constitution

Opinion  /  March 22, 2012  / 

Student Government Upstages Parody

When I first saw The Record story describing the Student Government equivalent of the Midnight Judges scandal (well, equivalent if President Adams had tried to appoint himself to Congress), I thought it had to be a mistake.  Surely no HLS student could possibly fail to discern the two obvious lessons of the recent presidential election: (1) the student body wants transparency and change in Student Government and (2) the student body is sick of members of Student Government acting immaturely, as when the presidential candidates were hurling inane insults at each other. Contrary to all common sense, however, a note on the amendment apparently added by its drafter(s) reads, “expire Commencement 2012?,” suggesting that the amendment might only apply in this particular year for these particular people. This amendment would overrule an amendment dating back an entire month mandating that terms end on April 1. Let’s dispense quickly of the idea that the move … Continue reading

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Opinion  /  March 1, 2012  / 

HLS Alum Fails Con Law Exam

At one of the January presidential debates, moderator George Stephanopoulos posed the single best legal hypo of the entire Republican primary campaign to Willard M. Romney, Harvard Law Class of ’75: “Do you believe that states have the right to ban contraception or is that trumped by a constitutional right to privacy?” Before we see how the HLS alum did on this exam question, let’s establish a very basic idea that I think just about everyone agrees on: There are unconstitutional good ideas and constitutional bad ideas. To use non-partisan examples, the Smoot-Hawley tariff was a thoroughly constitutional bad idea. The line-item veto was a thoroughly unconstitutional good idea. The Constitution says nothing about contraception, making its proscription a constitutional bad idea. However, if you are a proponent of magical substantive due process, all bad ideas suddenly become unconstitutional. Thus, the entire purpose of the contraception question is to establish … Continue reading

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