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Constitution

Excerpts From Texas's New American History Textbook

John Blumenthal | Posted 11.26.2014 | Comedy
John Blumenthal

And so it came to pass that God persuaded the Founding Fathers that all fellas should be permitted to bear these weapons to protect theyselves from intruders and folks who wore hoodies. Thus was it written in the Constitution and it remains the holiest of all laws in this here land of ours. Amen.

Guard Reinforcements Contain Damage In Ferguson

AP | TOM FOREMAN JR. and ALAN SCHER ZAGIER | Posted 11.27.2014 | Crime

FERGUSON, Mo. (AP) — Business owners and residents boarded up windows and cleared away debris Wednesday as Ferguson sought a tentative return to nor...

Does the UN See US "Institutionalized Discrimination" in the Wake of Ferguson?

Ambassador Muhamed Sacirbey | Posted 11.25.2014 | World
Ambassador Muhamed Sacirbey

The Ferguson grand jury decision not to criminally prosecute a police officer in the shooting of an unarmed young black man has reached the Geneva HQ of the UN Office of Human Rights Chief Prince Zeid, but the consequences will be felt globally and probably with indefinite impact.

An Open Letter of Apology to the United States of America

Brian Joyce | Posted 11.25.2014 | Media
Brian Joyce

The media was wrong, and the White House was right. Still, many of us in the media won't admit it. Therefore, I'd like to apologize to you. We should probably make a better effort to understand policy, before we attempt to comment on it. And we should probably also admit, once and for all, that the President was born in America.

Are the President's Actions on Immigration Legal?

Geoffrey R. Stone | Posted 11.21.2014 | Politics
Geoffrey R. Stone

Prosecutorial discretion -- the power of the executive to determine when to enforce the law -- is one of the most well-established traditions in American law. Prosecutorial discretion is, in particular, central to the enforcement of immigration law against removable noncitizens.

Change Is Coming -- It Always Does

Doug Zeigler | Posted 11.20.2014 | Politics
Doug Zeigler

Progressiveness is on the right side of history. Our country has shown time and time again that we move forward, not backwards. This country has been built from our birth on progressive and liberal principles, step by step, striving to improve.

What Grubergate Teaches Us About the Need for Judicial Engagement

Evan Bernick | Posted 11.19.2014 | Politics
Evan Bernick

Judges in every case ought to evaluate the government's arguments in a way that is sensitive to the ugly reality of legislative sausage-making rather than adopting the unwarranted assumption that we have found angels in the form of politicians and bureaucrats to govern us.

Congress Should Reject War Authorization Against Islamic State: Tell President No to Stupid War

Doug Bandow | Posted 11.18.2014 | Politics
Doug Bandow

President Barack Obama finally is obeying the law. He wants Congress to authorize military action against the Islamic State. That's what the Constitution requires.

Sixth Circuit Sets Up Supreme Court for Marriage Ruling (VIDEO)

Matt Baume | Posted 11.10.2014 | Gay Voices
Matt Baume

2014-11-10-ScreenShot20141110at11.17.18AMsmall.pngLast month the Supreme Court indicated that it didn't want to wade into the gay-marriage debate unless there were contradictory decisions amongst lower courts. Well, last week they got their wish.

Our Republic, My Republic

Christopher Phillips | Posted 11.08.2014 | Politics
Christopher Phillips

Whenever I enter the capacious main entrance of the National Constitution Center, I take pause when I pass by this quote by Teddy Roosevelt that's etched in the wall: "the people themselves must be the ultimate makers of their own Constitution."

Federal Judge: No, Congress Can't Transform Prairie Dogs Into 'Commerce'

Evan Bernick | Posted 11.07.2014 | Politics
Evan Bernick

Anytime a judge tells the federal government that it lacks the power to do something, it's newsworthy. And it happened on Wednesday, in a quirky case involving prairie dogs.

Somalia: Conundrum of an Activist

Sadia Ali Aden | Posted 11.04.2014 | World
Sadia Ali Aden

In order to genuinely win the hearts and minds of the ordinary citizens, the Somali leadership must not hasten making decisions on their behalf or self-interest by signing any treaty at a disadvantaged position with countries that have more negative record than positive.

Citizenfour and the Need for Judicial Engagement in Protecting Our Privacy

Evan Bernick | Posted 10.30.2014 | Politics
Evan Bernick

There is a remarkable moment in the new Edward Snowden documentary Citizenfour that shows why we need judges to take their duty to uphold the Constitution seriously.

Judicial Abdication in Virginia: Judge Rubber-Stamps Health Care Cartel

Evan Bernick | Posted 10.29.2014 | Politics
Evan Bernick

Creating health care cartels is not merely bad policy -- it is unconstitutional. The Supreme Court has held that legislation designed to further the interests of entrenched local businesses violates the Constitution.

Is Forced Quarantine for Ebola Legal?

Peter Van Buren | Posted 10.28.2014 | Politics
Peter Van Buren

Is it legal for a state (or the federal) government to detain and quarantine you against your will for health reasons? Yes. Has this sort of thing been done before? Yes. Will it be effective? No. Is it just a political ploy to garner votes from a panicked public? Oh my yes.

Why We Need a Constitutional Amendment to Overturn Citizens United

Ron Fein | Posted 10.22.2014 | Politics
Ron Fein

Who do you think politicians are more responsive to: (A) ordinary voters, or (B) rich funders? If you chose option B, you'd be right. But we have a chance to fix that.

What Does the Illinois Constitution Do for the State?

Matthew Dietrich | Posted 10.21.2014 | Chicago
Matthew Dietrich

Questions about changing the Illinois constitution played an important part in the gubernatorial election this summer, and the topic made a comeback Oct. 21 at the candidates' third and final debate.

How Our Declaration of Independence Can Help Set Us Free Today

Christopher Phillips | Posted 10.31.2014 | Politics
Christopher Phillips

What if we put our Declaration of Independence on an equal footing with the Constitution, and give it the force of law?

Shielded From Justice: The High Cost of Living in a Police State

John W. Whitehead | Posted 10.15.2014 | Politics
John W. Whitehead

Try to tally the pain, loss and medical bills of those in cities and towns across the nation who are reeling from the blows inflicted by the government's standing armies, and you will find yourself reeling.

Want To Revive Our Republic? Then Read the Constitution

Christopher Phillips | Posted 11.03.2014 | Politics
Christopher Phillips

If thawing out our republic and getting it back on a vibrant track can be achieved without any changes whatsoever to our Constitution, as I've asserted in my last blogs, why haven't we done so already?

Nullify This - How Citizen-Jurors Can Take Back Our Republic

Christopher Phillips | Posted 10.14.2014 | Politics
Christopher Phillips

When we serve as jurors, we can literally take the law into our own hands. As Thomas Jefferson maintained, if citizen jurors "think the permanent judges are under any bias whatever in any cause," they can "take on themselves to judge the law as well as the fact."

Our Court Needs More Supremes

Christopher Phillips | Posted 10.26.2014 | Politics
Christopher Phillips

What would having more Justices achieve? Ideally, a Court with a greater plurality of perspectives, a greater depth and breadth of experiences, backgrounds, value systems and approaches to their duties.

Republic, Unfrozen

Christopher Phillips | Posted 10.14.2014 | Politics
Christopher Phillips

The fact is that our visionary Framers provided us with a brilliant remedy for reviving our republic. Best of all, to implement it, no amendment is required.

Should We Just Follow Orders? Rules of Engagement for Resisting the Police State

John W. Whitehead | Posted 10.07.2014 | Politics
John W. Whitehead

To begin with, and most importantly, Americans need to know their rights when it comes to interactions with the police, bearing in mind that many law enforcement officials are largely ignorant of the law themselves.

Same-Sex Marriage and the Dangers of Dawdling

Geoffrey R. Stone | Posted 10.07.2014 | Politics
Geoffrey R. Stone

In light of the Court's five-to-four decision a little over a year ago in Windsor v United States, in which the Court held the federal Defense of Marriage Act unconstitutional, it is virtually certain that the five justices in the majority in Windsor (Anthony Kennedy, Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan) would take the next obvious step and hold state laws prohibiting same-sex marriage unconstitutional as well. Indeed, that is why lower federal court judges have been almost unanimous since Windsor in reaching that result. With that understanding, it is obvious why none of the four dissenters in Windsor (John Roberts, Antonin Scalia, Clarence Thomas, and Samuel Alito) voted to hear this round of cases. But why did the justices who were in the majority in Windsor also vote not to hear these cases?