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Constitution

Why One Pennsylvania Public School Is Keeping Its Ten Commandments Monument

The Associated Press | Carol Kuruvilla | Posted 08.31.2015 | Religion

PITTSBURGH (AP) — A federal judge has ruled that a Ten Commandments monument at a western Pennsylvania school violates the U.S. Constitutio...

Is This Adversary Procedure? "Dr." Posner's Potent Prescription

Evan Bernick | Posted 08.27.2015 | Politics
Evan Bernick

At what point does the adversarial process that is central to our legal system cease to be truly adversarial? In a case involving an indigent prisoner who sued prison administrators and staff for deliberate indifference to his medical needs, a divided Seventh Circuit panel reversed a summary judgment in favor of the defendants, sending the prisoner's suit back down for further fact-finding.

Experts Can't Agree On Whether Voting-Booth Selfies Will Destroy Democracy

The Huffington Post | Cristian Farias | Posted 08.25.2015 | Politics

A recent ruling out of New Hampshire has election-law experts wondering out loud whether the ballot selfie is the next great threat to American democ...

Bernie Sanders' Gun Control Affair: It's Complicated

Anhvinh Doanvo | Posted 08.24.2015 | Politics
Anhvinh Doanvo

Bernie Sanders' position on gun control is far more complex than these headlines suggest, however, even if his nuances lack a reasonable basis. Both Sanders' supporters and detractors need to be aware of these nuances before blindly praising or criticizing his politics.

Signs Point to More Freedom: How a Recent Supreme Court Decision Strengthens the First Amendment

Evan Bernick | Posted 08.20.2015 | Politics
Evan Bernick

Those who believe, with Abrams, that "the First Amendment is about liberty" and that "we all lose by reading it narrowly" should welcome the ruling in Reed and pay no heed to Post's parade of horribles.

Sorry, Republicans: Ending Birthright Citizenship Violates The Constitution

The Huffington Post | Cristian Farias | Posted 08.20.2015 | Politics

Key figures in the crowded Republican field have spoken loud and clear about their desire to do away with birthright citizenship for the childre...

Trump's Anti-Citizenship Plan Is a Historic Loser

Elizabeth B. Wydra | Posted 08.19.2015 | Media
Elizabeth B. Wydra

Far from offering a bold new immigration reform plan that would "make America great again," Trump's plan recycles anti-immigrant ideas that were resoundingly defeated 150 years ago.

Why Jury Duty Is a Character Issue

Andrew Guthrie Ferguson | Posted 08.19.2015 | New York
Andrew Guthrie Ferguson

As the presidential race heats up, all candidates will be judged on questions of policy and character. Those who embrace the difficult and unglamorous responsibilities of daily citizenship will have a greater claim to the type of character that can lead a nation.

Japan's Peace Constitution Is the Future, Not the Past

Emanuel Pastreich | Posted 08.17.2015 | Green
Emanuel Pastreich

Japan's future role in global security is the most significant question in the minds of many in East Asia on the seventieth anniversary of the end of the Pacific War.

Bryan Stevenson: Reflections on Justice, Mercy and Mass Incarceration

Dr. Artika R. Tyner | Posted 08.17.2015 | Black Voices
Dr. Artika R. Tyner

Bryan Stevenson demonstrates leadership by not just simply espousing his vision of justice. He lives out this vision each day as he represents clients and advances policy reform.

Presidential Wannabes Call for Greater Citizen Equality - Except When It Comes to Our Youngest Citizens

Christopher Phillips | Posted 08.18.2015 | Politics
Christopher Phillips

Calls for greater equality are all the rage among many candidates for the highest office in the land. For Lawrence Lessig, a widely admired advocate for campaign finance reform who just threw his hat in the ring, "citizen equality" is what matters.

Presidential Character Counts

Christopher Phillips | Posted 08.14.2015 | Politics
Christopher Phillips

Would you consider voting for someone for President with whom you often disagree on specific stances, but whom you feel in your heart of hearts is practicing the virtues that you most prize? Is it time to resuscitate the tradition of old of voting for candidates on virtue-based criteria?

It's Time to End Prosecutorial Immunity

Evan Bernick | Posted 08.12.2015 | Politics
Evan Bernick

Prosecutorial misconduct is a reality. So is the lack of any meaningful legal recourse for its victims. It is time to abolish a rule that stands as an affront, not only to the letter of federal law, but to our aspirations towards a just legal order.

Cruz vs. the Court: Why Conservatives Shouldn't Join His Crusade

Evan Bernick | Posted 08.05.2015 | Politics
Evan Bernick

The most pressing threat to constitutionally limited government today is not "judicial activism" but reflexive judicial deference to the political branches.

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.