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Constitution

Drivers, Beware: The Costly, Deadly Dangers of Traffic Stops in the American Police State

John W. Whitehead | Posted 07.30.2015 | Crime
John W. Whitehead

From the moment those lights start flashing and that siren goes off, we're all in the same boat: we must pull over. However, it's what happens after you've been pulled over that's critical.

Iraq's Rule of Law

Luay Al Khatteeb | Posted 07.26.2015 | Politics
Luay Al Khatteeb

The Arab Spring and the crisis facing Iraq resulting from ISIS's epidemic, serve to demonstrate that political stability and economic prosperity can only be effectively brought together by virtue of a depoliticized Rule of Law and for such Rule of Law to gradually become a common underlying feature of Iraqi culture.

Federal Court: Yes, Naked Economic Protectionism is Constitutional

Evan Bernick | Posted 07.27.2015 | Politics
Evan Bernick

Could the government prohibit LeBron James from playing professional basketball simply to put more money in the pockets of less talented athletes? Absolutely, said the Second Circuit Court of Appeals, in a surprising -- and appalling -- decision last week.

Rearmament and the Rule of Law in Japan: When Is it OK to Change the Constitution With a Statute?

Tom Ginsburg | Posted 07.22.2015 | World
Tom Ginsburg

Last week, the Lower House of the Japanese Diet passed Government-sponsored legislation that would expand the potential role of Japan's Self-Defense Forces, specifically by allowing it to engage in collective self-defense with other countries.

William Binney: NSA Claim Not to Be Mining Content Is an "Outright Lie"

Robin Koerner | Posted 07.22.2015 | Politics
Robin Koerner

In a very powerful exclusive interview, I recently had the privilege of speaking to an American hero, William Binney, NSA whistleblower.

Sweet Cakes For Your Soul

Rev. Dr. Chuck Currie | Posted 07.22.2015 | Religion
Rev. Dr. Chuck Currie

Aaron and Melissa Klein have misrepresented the essential teaching of the Christian church. Our greatest commandment is to love our neighbors and to love God. You cannot achieve that faithfully when you place a "gays not welcome" sign in your window.

Do We Have an Amoral Constitution? A Second Reply to Kurt Lash

Evan Bernick | Posted 07.20.2015 | Politics
Evan Bernick

Lash's Constitution is amoral -- it would allow myriad individual rights that are central to human flourishing to be voted up or down. He is free, of course, to argue for that view -- but it is one that the Founders rejected, the Framers of the Reconstruction Amendments rejected.

The Same-Sex Marriage Decision Had Everything to Do With the Constitution

Alex Glashausser | Posted 07.16.2015 | Politics
Alex Glashausser

Chief Justice John Roberts pouted. "Celebrate," he sniffed, sounding as festive as Ebenezer Scrooge. "But do not celebrate the Constitution. It had nothing to do with it." Actually, the Constitution had everything to do with it.

Yes, The Fourteenth Amendment Protects Unenumerated Rights: A Response to Kurt Lash

Evan Bernick | Posted 07.13.2015 | Politics
Evan Bernick

It is arguably the most important question concerning judicial review today. Should judges require the government to offer an honest, reasoned explanation every time it restricts individual liberty, or just some of the time?

Is There Space for Southern Heritage That Does Not Ignore Slavery?

Byron Williams | Posted 07.09.2015 | Black Voices
Byron Williams

Those exalting southern heritage in its present form gloss over the inconveniences of history to insist hate was not the intention. Unfortunately, intent is often the false refuge to justify something that reasonable persons would otherwise abhor.

Slate Writer: Freedom to Thread Eyebrows Will Turn Texas Into 'Dangerous' Place

Evan Bernick | Posted 07.09.2015 | Politics
Evan Bernick

It's a tremendous victory for individual rights and for the politically powerless. And progressives are terrified of it.

America Is Not a Christian Nation

Robert Crawford | Posted 07.08.2015 | Religion
Robert Crawford

We have not abandoned our Christian roots. We are simply slowly abandoning a general sense of religious culture as the norm, and this is a good thing.

Yes, Washington: Accepting American Exceptionalism

John K. Herr | Posted 07.07.2015 | Politics
John K. Herr

Alas! how dreary would be the world if America were not exceptional. It would be as dreary as if there were no Washingtons. There would be no torch of liberty, no shining city on a hill, no Channing Tatum.

Mini-Republics and True Democracy: A Plan to Make Ours a Government of, by and for the People

Christopher Phillips | Posted 07.07.2015 | Politics
Christopher Phillips

What to do? How can we create a system of "representativeness" in which members of Congress not only are in touch with the pulse of their constituents but genuinely act on their behalf? There are movements afoot to commence an Amendment convention to address campaign finance reform.

Three Heads (of Government) Are Better Than One

Alex Glashausser | Posted 07.06.2015 | Politics
Alex Glashausser

With its multitude of heads, the Hydra of Greek mythology must have faced internal dissension. How did it resolve basic questions such as whom to attack? Or perennial puzzlers such as whether Jerusalem is in Israel? In his "second labor," Hercules used his golden sword to slay the Hydra, so we will never know.

Liberals vs. 'Liberty': Two Left-Leaning Scholars Side With Scalia

Evan Bernick | Posted 07.02.2015 | Politics
Evan Bernick

Although they have endorsed the outcome in Obergefell, Ian Millhiser and Andrew Koppelman have disparaged so-called "substantive due process" -- the notion that the Due Process clause protects individual rights, including those not expressly listed in the Constitution's text, from being violated by the government.

Marriage Equality: Racism on the Side

Stephanie Mott | Posted 06.30.2015 | Gay Voices
Stephanie Mott

My heart is filled with joy. My heart is filled with pain. My heart is filled with purpose. My heart is filled with hope.

In the Marketplace of Ideas, the Confederate Flag Is a No Sale

Jim Moore | Posted 06.29.2015 | Politics
Jim Moore

Americans treasure our individuality, and we hold tenaciously to the idea that what happens inside the case of our brains is sacrosanct. We can think what we want; no American institution can attempt to suppress our ideas. Here is where it gets tricky.

The Same-Sex Marriage Decision: What to Make of the Dissenters

Geoffrey R. Stone | Posted 06.28.2015 | Politics
Geoffrey R. Stone

A central complaint of the four justices who dissented from the Supreme Court's decision in Obergefell v. Hodges was their repeated assertion that the five justices in the majority were unabashedly distorting the "true" meaning of the Constitution to suit their own personal values and beliefs.

Reading the Declaration of Independence and the Constitution Should be Annual Events

Byron Williams | Posted 06.24.2015 | Impact
Byron Williams

Everyone should be familiar with the unedited version of the Declaration of Independence for it illustrates the struggle the Founders had with the original sin of slavery.

Confederate Ideology and the Second Amendment

Charles J. Reid, Jr. | Posted 06.23.2015 | Politics
Charles J. Reid, Jr.

Republicans must go beyond the flag debate to confront the simmering ideological stew on the far right. The idea of nullification in its own way is equally odious. It is a failed constitutional theory that should likewise be banished to a museum of legal antiquities.

Supreme Court to Los Angeles: No, Business Owners Don't Forfeit Their Fourth Amendment Rights

Evan Bernick | Posted 06.23.2015 | Politics
Evan Bernick

In upholding the rights of the challengers in City of Los Angeles v. Patel, the Supreme Court sent an unmistakable message: You don't forfeit your Fourth Amendment rights when you go into business.

Seven Myths About Democracy in Morocco

Till Bruckner | Posted 06.22.2015 | World
Till Bruckner

Judging by media stories and think tank reports, many foreign commentators seem unable--or unwilling--to see beyond the reformist image that the Moroccan leadership seeks to project abroad.

Surviving Jury Duty and We the People

Kay Tacke Morse | Posted 06.22.2015 | Education
Kay Tacke Morse

We the People have the constitutional right thanks to the Bill of Rights, amendment 6, to Trial by Jury. This right is the only one we have that is documented in both our Constitution and the Bill of Rights.

The Intersection of Race, Class and the Constitution: Kalief Browder

Sheena C. Howard | Posted 06.22.2015 | Politics
Sheena C. Howard

The Kalief Browder case reminds me that no one like me was at the table when the Constitution was created. What good are Constitutional rights, if they are not afforded to everyone?