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Constitution

Faithfully Executed: Obama's Immigration Plan and the Supreme Court

Geoffrey R. Stone | Posted 05.16.2016 | Politics
Geoffrey R. Stone

Last month, the Supreme Court heard oral arguments in United States v. Texas, a lawsuit brought by 26 states challenging President Obama's immigration policies. The case deals specifically with the constitutionality of the President's 2014 Deferred Action for Parents of Americans (DAPA) program.

Originalism Isn't Enough: Why Judicial Engagement is Essential to Constitutional Enforcement

Evan Bernick | Posted 05.15.2016 | Politics
Evan Bernick

Calls for judges to be constrained by the Constitution's original meaning are entirely proper--and important.

Yes, The First Amendment Protects Panhandling

Evan Bernick | Posted 05.11.2016 | Politics
Evan Bernick

Americans should not have to beg government officials' permission to speak peacefully to others. Reed ensures that they need not do so. If this be free-speech absolutism, make the most of it.

Bad Faith or Bad Principle? On Chief Justice Roberts, the Affordable Care Act and Judicial Restraint

Evan Bernick | Posted 05.10.2016 | Politics
Evan Bernick

Judges who draw their power from Article III have a duty to exercise independent judgment in interpreting the meaning of the Constitution and the meaning of subordinate enactments.

Q&A: Burt Neuborne on "Madison's Music," a Bold New Approach to Interpreting the Constitution

The National Book Review | Posted 05.09.2016 | Books
The National Book Review

The following article first appeared in The National Book Review: To mark Law Day, the National Book Review interviewed Burt Neuborne, the Norman Dor...

2016 Election Will Test Voter Intelligence

Murray Forseter | Posted 05.09.2016 | Politics
Murray Forseter

Whither America? Whither the conscience and soul of America? A campaign based on negativity leavened with bombastic claims without details of how we...

Elections and Assessments -- A Citizens' View

Harry Boyte | Posted 05.03.2016 | Education
Harry Boyte

In our "Bridging Differences" conversation on Education Week, Deborah Meier raised the role of "structures" in a democratic way of life in her last blog. She brings to mind my discussions with students at Lonestar Community College in Houston last week.

It's a long triple-holiday-weekend in Gdańsk!

Pawel Adamowicz | Posted 05.02.2016 | World
Pawel Adamowicz

Labor Day and the anniversary of Poland's entry into the European Union, Polish Flag Day, and the anniversary of the May 3rd Constitution; from Sunday...

The GOP Has Assaulted Our Constitutional System

Andy Schmookler | Posted 04.29.2016 | Politics
Andy Schmookler

The Republican Party most loudly proclaims its deep allegiance to our founding document. Yet in recent years, the leaders of the GOP have engaged in an assault on our constitutional system in ways unprecedented in American history:

The Convention Legitimacy Debate Reflects Misunderstanding of the Election Process

Robert Hardaway | Posted 04.19.2016 | Politics
Robert Hardaway

There is, of course, nothing in the Constitution that forbids the creation of political parties, and in fact the First Amendment rights of association gives parties the right to make their own rules for how it selects a nominee.

Frustrated About Politics?: Thank the Framers of the Constitution

Robert Alexander | Posted 04.14.2016 | Politics
Robert Alexander

It is understandable that so many Americans pine for something fresh and untainted by the political machine. Yet, a lesson in civics reminds us that our system is designed to prevent too much power from being concentrated in government.

The Vicissitudes of Same-Sex Marriage in Colombia

María Mercedes Gómez | Posted 04.13.2016 | Queer Voices
María Mercedes Gómez

One of the main obstacles for the implementation of LGBTI rights in the country, as Colombia Diversa and other groups have denounced, is the persecution that the Attorney General embarked on against public functionaries, LGBTI jurisprudence and policies, civil society groups, same-sex couples and supporters.

Our 'Country Club,' Tis of Thee?

Kathay Feng | Posted 04.12.2016 | Politics
Kathay Feng

Lately, Ed Blum's name has been everywhere. At least, when it comes to Supreme Court cases. Whether it is affirmative action, voting rights, or redistricting, Blum has been leading a well-funded effort to limit who has representation in our democracy.

'Duty' and the Constitution

Jason P. Steed | Posted 04.11.2016 | Politics
Jason P. Steed

There's been a lot of back and forth over "constitutional duties" lately.

The NRA: Spinning Straw into Gold

Jeffrey Moualim | Posted 04.07.2016 | Politics
Jeffrey Moualim

Consider, for a moment, this statement. There is a national epidemic that kills over 30,000 Americans every year that the United States Congress will not let the CDC research.

Brussels and the True Threat to Our Values

Murray Forseter | Posted 04.06.2016 | Politics
Murray Forseter

I don't know how to combat fanaticism. But I am certain it is not through repression. Even in totalitarian states individuals willing to forfeit their lives can blow up complacency.

Religious Freedom (to Burn Our Own Wtches) - Song of the Week

Roy Zimmerman | Posted 04.05.2016 | Comedy
Roy Zimmerman

I wrote a eulogy song for Jesse Helms (sixteen years before he died) which contained the lyric, "He carefully separated Church and State / One at seve...

Governors in Too Deep Over LGBT Potty Laws

Amy Dardashtian | Posted 03.31.2016 | Politics
Amy Dardashtian

Governors and Mayors across the country are issuing executive orders banning non-essential, government-funded travel to North Carolina. Governors are proclaiming it is in their states interests to promote equality and act out against discrimination. This may be true, however, they have no power to do so outside of their states.

For Judicial Independence--and Against Elective Despotism: A Further Reply to Greg Weiner

Evan Bernick | Posted 03.30.2016 | Politics
Evan Bernick

Greg Weiner has a problem with authority--judicial authority, that is. In an incisive (and often quite amusing) reply to my critique of his recent effort to distinguish between judicial deference to Congress (which he lauds) and judicial deference to executive agencies (which he condemns), Weiner makes plain that he regards the federal judiciary as an ever-present threat to representative democracy.

A New Land -- Reshaping Sri Lanka's Destiny

Aritha Wickramasinghe | Posted 03.23.2016 | Queer Voices
Aritha Wickramasinghe

For too long Sri Lanka's LGBT community have been excluded from the recognition and protections that they deserve.

Supreme Court Won't Let Nebraska, Oklahoma Ruin Colorado's Marijuana High

The Huffington Post | Cristian Farias | Posted 03.21.2016 | Politics

The Supreme Court on Monday dismissed a high-stakes lawsuit brought by Nebraska and Oklahoma that sought to invalidate Colorado's regime of legal mari...

Open letter to Republican Senators from your BOSS!

Soul Dancer | Posted 03.22.2016 | Politics
Soul Dancer

Do you work for wages? Do you report to some sort of boss? Do you pay taxes to the United States government (federal, state, local)? Do you underst...

New Jersey is Pushing Unconstitutional Anti-BDS Legislation Because No more Plausible Deniability

Yolanda Rondon | Posted 03.21.2016 | Impact
Yolanda Rondon

The Boycott, Divestment, and Sanctions (BDS) movement is a non-violent political protest against Israel's policies and practices that violate the huma...

Friday Talking Points -- Deconstructing GOP Absurdity

Chris Weigant | Posted 03.18.2016 | Politics
Chris Weigant

The basic Republican position isn't that hard to understand. It is: "We are going to deny Barack Obama a third Supreme Court pick, unless Hillary Clinton wins the presidency." That is precisely what some of them believe.

Making America Great Again: End Speculation on Public Measures

Bruce Fein | Posted 03.17.2016 | Politics
Bruce Fein

Let's make America great again by following the genius of the Constitution, James Madison, and end the trillion dollar speculations on public measures...