Articles Posted in Constitutional Law

New Attorney General, Eric Holder, is in a predicament.  He has the choice of prosecuting fellow attorneys for an interpretation, albeit misled interpretation, of the Constitution, or to forego prosecution and let the past eight years slip away like a dark memory.  John Yoo and his compatriots advised former President Bush on interrogation techniques and greenlit investigative procedures that were likely illegal under international law and many people want to see those responsible tried as war criminals.

Is it possible that in only a matter of months, DC could experience such a change of thinking that what was permissible a mere four months ago is now widely considered torture?? 

The approved interrogation techniques did not suddenly become illegal overnight – they always were.  Congress, law Professors, and first year law students all realized that John Yoo’s interpretation of Presidential power was excessive.   But was it criminal?  Legally speaking, I doubt it.  And I doubt that Eric Holder will take any action because of the questionable precedent that it would set.

Rhode Island has its fair share of pressing issues and we will soon be faced with yet another.  A number of factors are forming below the surface that will make gay marriage in Rhode Island a major issue in the coming weeks.

Rhode Island is now the only New England State that does not recognize some form of gay marriage or civil union for homosexuals.  Vermont recently added their name to the growing list of States recognizing gay marriage and the Iowa Supreme Court this week unanimously overturned a ban on same sex marriage.  In addition, the Rhode Island House Judiciary Committee is planning to vote on legislation that would allow a homosexual couple married in a state that recognizes such marriages to divorce in Rhode Island.  This is in conflict with the 2007 Rhode Island Supreme Court decision, Chambers v. Ormiston, which held that the Family Court lacked the jurisdiction to address the legal concerns of homosexual couples.  Finally, we all need to be aware that this issue is going to influence Carcieri’s appointment to replace Chief Justice Williams on the Supreme Court. 

And where does Carcieri stand on this issue…