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Lyle Denniston
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Lyle Denniston is the National Constitution Center’s Adviser on Constitutional Literacy and writes often for Constitution Daily. He has reported on the Supreme Court for 53 years, currently covering it for SCOTUSblog, an online clearing house of information about the Supreme Court’s work.

Blog Entries by Lyle Denniston

Constitution Check: Can the Courts Overturn New Deportation Reprieve?

(22) Comments | Posted June 18, 2012 | 4:49 PM

Lyle Denniston looks at the chances of success for a threatened lawsuit from GOP Rep. Steve King over the Obama administration's latest immigration-policy moves.

The statement at issue:

"Americans should be outraged that President Obama is planning to usurp the constitutional authority of the United...

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Constitution Check: Could Richard Nixon Have Been Tried Successfully for a Crime?

(2) Comments | Posted June 14, 2012 | 4:00 PM

Would President Richard Nixon have been convicted of a crime if he hadn't resigned his office in 1974 and received a subsequent pardon? Lyle Denniston takes a new look at the constitutionality of prosecuting a president.


The statements at issue:


"The Watergate that we...

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Constitution Check: Has America's Basic Document Made American Politics Much Worse?

(15) Comments | Posted June 3, 2012 | 5:27 PM

Constitutional law professor Sanford Levinson says our Constitution is badly in need of an overhaul. I evaluate the need for more conversation -- or maybe a national convention.

The statement at issue:

"Critics across the spectrum call the American political system dysfunctional, even pathological. What they don't...
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Constitution Check: If DOMA Falls, Must States Opposing Gay Marriages Accept Them?

(113) Comments | Posted June 1, 2012 | 4:09 PM

The statement at issue:

"In allowing one state to hold the federal government, and potentially other states, hostage to redefine marriage, the First Circuit [Court] attempts a bridge too far. Under this rationale, if just one state decided to accept polygamy, the federal government and perhaps other states would...

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Constitution Check: Must Gay Marriage Be a Fundamental Right in Order to Exist?

(140) Comments | Posted May 25, 2012 | 11:13 AM

A Washington Post reporter says a potential Supreme Court ruling on same-sex marriage as a fundamental right could help nullify rulings in more than 30 states. I'll explain why the issue isn't as simple as it seems.

The statement at issue:


President Obama opposed Proposition 8. But...

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Constitution Check: Will the Courts Strike Down the Senate Filibuster?

(5) Comments | Posted May 17, 2012 | 1:09 PM

Does a case for banning the use of the filibuster in the Senate stand a chance of success with the Supreme Court? I look at a recent news story that claims the case looks strong, but with significant obstacles.

The statement at issue:

Emmet Bondurant [an Atlanta lawyer] thinks the...
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Constitution Check: Did President Obama Endorse a Constitutional Right to Same-Sex Marriage?

(26) Comments | Posted May 11, 2012 | 3:58 PM

Did President Obama, in his ABC interview, endorse a Constitutional right to same-sex marriage? Constitutional expert Lyle Denniston looks at four ways the president could endorse the legal right of same-sex couples to enter civil marriage that could be created and apply to all states -- if he chose to...

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Constitution Check: Can a State Close Its Borders Entirely to Undocumented Immigrants?

(36) Comments | Posted May 1, 2012 | 4:01 PM

In a continuing series of posts, Lyle Denniston provides responses based on the Constitution and its history to public statements about the meaning of the Constitution and what duties it imposes or rights it protects. Today's topic: state authority to exclude people who have no legal right to be...

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Counting to Five for S.B. 1070

(30) Comments | Posted April 26, 2012 | 10:00 AM

It will take five votes on the Supreme Court for Arizona to get permission to start enforcing key parts of its tough new immigration control law -- S.B. 1070 -- and those votes appeared to be within reach on Wednesday. In an 80-minute hearing, the Court got strong...

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The Court, the Constitution and the 2012 Campaign: Act III

(2) Comments | Posted April 23, 2012 | 6:20 PM

In the final round of hearings in a Supreme Court term that has seemed closely linked to the 2012 election campaign, the Supreme Court turns its attention this week to the emotional subject of immigration controls. At issue is the constitutionality of a 2010 Arizona law so widely known that...

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Constitution Check: Can Reporters Be Barred From Using Social Media During a Criminal Trial?

(5) Comments | Posted April 18, 2012 | 9:47 PM

In a continuing series of posts, Lyle Denniston provides responses based on the Constitution and its history to public statements about the meaning of the Constitution and what duties it imposes or rights it protects. Today's topic: judges' power to bar news reporters and spectators from tweeting or texting...

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Constitution Check: Do Lower Court Judges Have a Right to Criticize the Supreme Court?

(1) Comments | Posted April 17, 2012 | 11:27 AM

In a continuing series of posts, Lyle Denniston provides responses based on the Constitution and its history to public statements about the meaning of the Constitution and what duties it imposes or rights it protects. Today's topic: lower court judges' criticism of the Supreme Court.

The statement at...

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Constitution Check: Would the Supreme Court Uphold a Ban on Super PACs Closely Linked to Candidates?

(0) Comments | Posted April 11, 2012 | 10:44 AM

In a continuing series of posts, Lyle Denniston provides responses based on the Constitution and its history to public statements about the meaning of the Constitution and what duties it imposes or rights it protects. Today's topic: Curbing the role of Super PACs.

The statement at issue:
"Super...

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Constitution Check: Would an Elected Supreme Court Get More Respect?

(10) Comments | Posted April 10, 2012 | 10:04 AM

In a continuing series of posts, Lyle Denniston provides responses based on the Constitution and its history to public statements about the meaning of the Constitution and what duties it imposes or rights it protects. Today's topic: the legitimacy of the unelected Supreme Court.

The statements at issue:


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Constitution Check: Is the "Roberts Court" Driven by Politics?

(257) Comments | Posted April 5, 2012 | 9:23 AM

In a continuing series of posts, Lyle Denniston provides responses based on the Constitution and its history to public statements about the meaning of the Constitution and what duties it imposes or rights it protects. Today's topic: The Supreme Court and its coming decision on health care.

The...

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Constitution Check: Is There a Constitutional Right to "Stand Your Ground"?

(637) Comments | Posted April 3, 2012 | 11:47 AM

In a continuing series of posts, Lyle Denniston provides responses based on the Constitution and its history to public statements about the meaning of the Constitution and what duties it imposes or rights it protects. Today's topic: self-defense and the Constitution.

The statement at issue:

"The stand-your-ground law is...

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Is the Health Care Mandate on Life Support?

(17) Comments | Posted March 28, 2012 | 7:51 AM

The centerpiece of the new federal health care law, and its most controversial part -- the individual insurance mandate -- looked to be doomed after the first hour of the Supreme Court's hearing on it Tuesday. But it seemed to rally in the second hour, and, while not exactly assured...

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Taking Its Place in History...

(0) Comments | Posted March 27, 2012 | 8:39 AM

This essay first appeared on SCOTUSblog, March 25, 2012.

American constitutional history has not moved in a straight line, from the Founding to the 21st Century. Its development is a wavering line, with twists and turns that were far from predictable. The amendment process under Article V has...

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Health Care Hearings -- What to Listen for (Part 1 of 2)

(11) Comments | Posted March 21, 2012 | 2:59 PM

The Supreme Court holds three days of hearings next week on the constitutionality of major parts of the new federal health care law, the Patient Protection and Affordable Care Act. Tuesday night at 6pm EST the National Constitution Center's Peter Jennings Project for Journalists and the Constitution presented a...

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Constitution Check: Has the Time Come to Limit Congressional Terms?

(9) Comments | Posted March 15, 2012 | 10:33 AM

In a continuing series of posts, Lyle Denniston provides responses based on the Constitution and its history to public statements about the meaning of the Constitution and what duties it imposes or rights it protects. Today's topic: term limits for members of Congress.

The statement at issue:


...

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