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Constitution

The Republicans are for Smaller Government Except...

Gerry Myers | Posted 05.27.2015 | Politics
Gerry Myers

While most Republicans think there is no role for government in job creation, some of our best Presidents have proven otherwise. FDR knew the importance of government when he created the New Deal that brought America out of a deep depression.

Is the Fourth Amendment Irrelevant to Law Enforcement? Three Ways Courts Can Make It Matter

Evan Bernick | Posted 05.18.2015 | Politics
Evan Bernick

What can be done to ensure that police officers are held accountable for Fourth Amendment violations? The only way to ensure police officers are appropriately sanctioned for violating people's rights and victims are made whole is consistent judicial engagement.

Federal Appeals Court to Police Officer: No, You Can't Slap Cuffs on Peaceful Gun Owners

Evan Bernick | Posted 05.14.2015 | Politics
Evan Bernick

Every part of Shawn Northrup's midsummer evening walk with his wife, daughter, grandson, and dog was legal -- including the holstered handgun he openly carried on his hip. But that was not enough to keep Northrup from being disarmed, handcuffed, and threatened with arrest by a police officer.

Unprecedented, Unwarranted, Unlawful: Federal Appeals Court Holds NSA Data Collection Illegal

Evan Bernick | Posted 05.08.2015 | Politics
Evan Bernick

What does it mean for "tangible things" to be "relevant" to an "authorized investigation"? The government argued that this language authorized the NSA to collect metadata if at any future time the records might become "relevant" to an "authorized" criminal investigation.

False Cries of "Activism": In Same-Sex Marriage Case, There's No Harm in Meaningful Judicial Review

Evan Bernick | Posted 05.08.2015 | Politics
Evan Bernick

Anderson's preoccupation with activism leads him to miss out on a crucial point that all defenders of limited government should be able to agree upon: The Court should make an independent determination of the constitutionality of the challenged marriage laws, rather than reflexively deferring to the political branches.

A Multinational Trojan Horse: The Trans-Pacific Partnership

Dave Pruett | Posted 05.07.2015 | Politics
Dave Pruett

You don't have to know much about the "trade" deal called the Trans-Pacific Partnership (TPP) to be more than a little suspicious.

On Same-Sex Marriage, Supreme Court Needs to Go Back to High School

Alan Singer | Posted 05.01.2015 | Education
Alan Singer

In recent hearings on efforts by state governments to ban same-sex marriages, Supreme Court justices peppered representatives of both sides with quest...

In Same-Sex Marriage Case, Supreme Court Must Seek Truth, Not Defer to Government

Evan Bernick | Posted 06.30.2015 | Politics
Evan Bernick

If no reliable evidence at all were required to justify legislative classifications in constitutional cases, the judiciary would be transformed from a co-ordinate branch into a meaningless rubber stamp. The Framers neither intended nor envisioned that role for an institution they designated to serve as the "[bulwark] of a limited Constitution."

How Will Republicans React to Gay Marriage Decision?

Chris Weigant | Posted 06.27.2015 | Politics
Chris Weigant

The Supreme Court decision, when it happens later this year, is quite likely going to set off an argument within the Republican Party -- or, at the very least, that subset of the party who are running for president.

Lochner Lives! Why Conservatives Are Finally Giving One of the Supreme Court's Most Underrated Decisions the Respect It Deserves

Evan Bernick | Posted 06.23.2015 | Politics
Evan Bernick

It's already one of constitutional law's great comeback stories. For decades, Lochner v. New York (1905) was almost universally held to be one of the worst Supreme Court decisions of all time. Today, it is enjoying newfound respect and even admiration within conservative legal thought.

John Boehner Vetoes Hillary's Campaign for the Presidency

Flora Nicholas | Posted 06.21.2015 | Comedy
Flora Nicholas

Boehner revealed that he had consulted a number of Constitutional scholars and is convinced that he is on solid legal ground in issuing his "Stop Hillary" veto.

Young Palestinians Push for a Gender-Equal Constitution

UN Women | Posted 06.20.2015 | World
UN Women

"I used to be afraid to give my opinion, but now I tell people about complex issues like politics, women's rights and the Constitution. I feel strong," says 24-year-old Amani Thawabta, a law school graduate from Palestine. Although she speaks about lobbying for women's rights as powerfully as a lifelong advocate, that wasn't always the case.

A Quick Way to Decide If You Are for Fast Track

Dave Johnson | Posted 06.20.2015 | Business
Dave Johnson

We don't yet know what is in the TPP, because it is still secret and will remain so until shortly before the fast-track process requires Congress to vote. The president says to trust him, telling us that it will be great and "progressive" and create lots of jobs and expand the economy. Great. But the history on our trade deals -- especially those passed using fast track -- has been very bad. NAFTA was sold as creating a lot of jobs and growing the economy, but NAFTA destroyed jobs and expanded the trade deficit. China's entry into the World Trade Organization was sold as creating a lot of jobs and growing the economy, but it turned out to be absolutely devastating for America's working people, middle class and entire manufacturing ecosystem, and the trade deficit with China is now enormous. As a result of these agreements, entire regions of the country look like wastelands. Seriously, go look at Detroit.

ERA? Not Merely Symbolic

K. Sujata | Posted 06.17.2015 | Politics
K. Sujata

As of 2012, over seventy percent of women are employed outside the home. These women are supporting themselves and their families, and importantly for us all, keeping the American dream alive for our nation.

'Liberal' Writer: The Supreme Court 'Has to Go'

Evan Bernick | Posted 06.14.2015 | Politics
Evan Bernick

Last week, Slate writer Mark Joseph Stern advanced an alarming proposal with apparent seriousness: The Supreme Court should be abolished, or, at the very least, ignored.

Three Generations of Judicial Abdication Are Enough: A Reply to Carson Holloway (Part II)

Evan Bernick | Posted 06.10.2015 | Politics
Evan Bernick

Every one of us is entitled to an honest, reasoned explanation when the government requires us to obey a law that we might not agree with, to ensure that that law preserves our liberty rather than depriving us of it. Three generations of judicial abdication are enough.

Corporations Are Becoming People Too!

Byron Williams | Posted 06.10.2015 | Politics
Byron Williams

The First Amendment undergirds the nation's utopian quest for "A more perfect Union." A beacon of light since 1787, it is the supreme testament to the nation's commitment to individual liberty, but that has changed over the past several years.

Denying the Dogma of Judicial Deference: A Reply to Carson Holloway (Part I)

Evan Bernick | Posted 06.09.2015 | Politics
Evan Bernick

In this post, I will argue that Holloway's approach to judicial review is informed by an understanding of rights that is alien to that of the Framers and ignores the express language of the Ninth and Fourteenth Amendments. In a subsequent post, I will trace the tragic consequences of that approach.

150 Years Ago, the Confederate Constitution Used Mike Pence's View of 'Religious Freedom' to Justify Slavery

H. A. Goodman | Posted 06.06.2015 | Politics
H. A. Goodman

Until God comes down and tells the world that florists and pizza parlors shouldn't serve the LGBT community, it's best to keep bizarre religious interpretations away from refusing service to other American citizens. Religious freedom shouldn't be a way to discriminate or justify hatred and intolerance.

John McGinnis and the Originalist Case Against Judicial Restraint

Evan Bernick | Posted 05.31.2015 | Politics
Evan Bernick

Last week, I argued that the judicial restraint long advocated by conservatives has its roots in the Progressive era, drawing upon Professor John McGinnis' recent paper, The Duty of Clarity, in support of my arguments.

The Progressive Roots of Judicial Restraint

Evan Bernick | Posted 05.24.2015 | Politics
Evan Bernick

Such restraint has led judges to rubber-stamp patently protectionist regulations, uphold the bulldozing of entire neighborhoods for private economic development, and rationalize their way into upholding Obamacare's individual mandate as a "tax."

Texas License Plates and the Confederate Flag

Geoffrey R. Stone | Posted 05.23.2015 | Politics
Geoffrey R. Stone

It seems clear that Texas cannot constitutionally forbid the display of the Confederate flag on a license plate because others might find it "offensive or disagreeable." But it is not so simple. Is the government discriminating among private speakers, or is it expressing only the messages it wishes to convey?

Erdogan's New Turkey: Goodbye Atatürk, Hello Atatürk

Stefan Ihrig | Posted 05.11.2015 | World
Stefan Ihrig

The recently -- and Putinesquely -- elected President Erdoğan likes to refer to his state as the "new Turkey," just as Atatürk and his Nazi admirers did. That by itself may not mean much, but the label signifies the same: a Turkey that radically breaks with what was before. Erdoğan can run and scream all he wants; he is Atatürk's kid.

Ted Cruz: Same-Sex Marriage Rulings Are 'A Real Danger To Our Liberty'

The Huffington Post | Sara Bondioli | Posted 03.11.2015 | Politics

Court rulings upholding marriage equality are "a real danger to our liberty," Sen. Ted Cruz (R-Texas) said in a radio interview Monday. In response...

Akbar Shahid Ahmed

GOP Senators Flub Fact About The Constitution As They Lecture Iran About The Constitution

HuffingtonPost.com | Akbar Shahid Ahmed | Posted 03.10.2015 | Politics

WASHINGTON -- A group of 47 Republican senators on Monday took the most dramatic step yet to undermine the Obama administration's ongoing nuclear dipl...