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Constitution

Supreme Court Quashes Death Row Inmate's Conviction Built On 'House Of Cards'

The Huffington Post | Cristian Farias | Posted 03.08.2016 | Politics

The Supreme Court ruled on Monday that Louisiana prosecutors violated the Constitution when they withheld evidence in a murder case that could have sp...

Constitutional Crisis and Political Stalemate

Robert Kuttner | Posted 03.07.2016 | Politics
Robert Kuttner

Republican obstructionism today operates against the long-term erosion of American democracy, and it leaves government paralyzed in the fact of mounting national problems. That further erodes legitimacy and democracy itself. The hollowing out of democracy is reflected in the loss of confidence in public institutions, in the fact that big money has been crowding out citizen participation. Republicans have contributed to this trend by their money-is-speech ideology and by sponsoring measures that make it more difficult to vote -- reversing a two- century trend of expanding democracy. Meanwhile, ordinary people feel more and more alienated from both the economy and the system of government. So we have a constitutional crisis -- one party destroying the ability of the government to govern, combined with a crisis of our democracy at a time when we need government to act.

Justice Scalia's Greatest Failure

Geoffrey R. Stone | Posted 03.05.2016 | Politics
Geoffrey R. Stone

Although some measure of judicial restraint is essential to the legitimacy of constitutional interpretation, even conservatives recognize that judicial restraint in all cases would seriously abdicate a fundamental responsibility that the Framers themselves entrusted to the judiciary.

Can Ordinary Citizens Be Trusted with Democracy?

Cody Cain | Posted 03.03.2016 | Politics
Cody Cain

Today we think of democracy as a wonderful form of government. Back when this nation was founded, however, our founding fathers did not think this was such a hot idea.

Antonin Scalia's Death Bolsters the Hopes of Abortion-Rights Forces

Bill Blum | Posted 03.03.2016 | Politics
Bill Blum

In November, when the Supreme Court agreed to hear the appeal in Whole Woman's Health v. Hellerstedt, abortion-rights advocates across the country agonized that the death knell had sounded for Roe v. Wade.

Trump and the Art of the Constitution

Bennet Kelley | Posted 03.01.2016 | Politics
Bennet Kelley

Trump has proposed deporting natural born American children of undocumented immigrants and barring Muslim's from entering the country. In doing so, Trump shows little concern that the Constitution prohibits each of these proposals.

Supreme Obstruction

Dave Johnson | Posted 03.01.2016 | Politics
Dave Johnson

Republicans have announced that they will not consider any Supreme Court justice nomination that the president brings them. This is part of an ongoing Republican attack on our form of government. The country has been through years and years of Republican obstruction of everything government does. Why is that?

We Need More Diversity on the Court in Ways You Might Not Expect

Byron Williams | Posted 02.29.2016 | Politics
Byron Williams

With the passing of Supreme Court Justice Antonin Scalia, much has been said of late about who will replace this member of the Court who will not soon be forgotten -- and more important, when that replacement will occur.

My Brief Support for Marco Rubio

Herb Silverman | Posted 02.29.2016 | Religion
Herb Silverman

I came close to supporting Marco Rubio for president when he reportedly had the courage to say that there are not many answers in the Bible. I say "re...

Sweet Are the Uses of Donald Trump's Stupidities

Bruce Fein | Posted 02.29.2016 | Politics
Bruce Fein

To paraphrase Touchstone in Shakespeare's As You Like it," sweet are the uses of Donald Trump's stupidities, which, like the toad, ugly and venomous, ...

Friday Talking Points -- Unintelligible Yelling

Chris Weigant | Posted 02.26.2016 | Politics
Chris Weigant

Marco Rubio played the part of a yappy little attack dog all night long, but only really landed one good blow on Trump (when he turned the "you repeat things" attack back on him) for all his heartfelt effort.

Will GOP Leadership Adhere to Scalia's Originalist Theory?

Elizabeth Glass Geltman | Posted 02.25.2016 | Politics
Elizabeth Glass Geltman

GOP leaders who refuse to hold confirmation hearings and attempt to prevent President Obama from making an appointment violate the legacy of the man they seek to replace.

The Triple Threat: Constitutional Reform in Thailand

Rachael Willis | Posted 02.24.2016 | World
Rachael Willis

Source: Wikimedia As President Obama welcomed representatives from 10 Southeast Asian nations to California for the US-ASEAN meeting at Sunnylands l...

The Evolution of Constitutional Theory and the Future of Judicial Engagement: A Response to Professor Balkin

Evan Bernick | Posted 02.24.2016 | Politics
Evan Bernick

Will liberals and conservatives change their views about the role of the courts in enforcing the Constitution if a new liberal majority emerges on the Supreme Court?

Three Constitutional Amendments We Need Right Now

Rodney Wilson | Posted 02.22.2016 | Politics
Rodney Wilson

The current partisan battle to replace the late Justice Scalia, for example, makes it apparent that a fine point needs to be put on presidential appointment power. In addition, two other questions perpetually provoke deep division and heated debate -- particularly in an election season.

Antonin Scalia, Judicial Activist? In Defense of the Late Justice -- and the Rule of Law

Evan Bernick | Posted 02.22.2016 | Politics
Evan Bernick

Defending the notion that the Constitution -- all of it -- has a fixed, determinable meaning would take more than a brief essay. My ambitions here are modest -- to offer a sketch of why judges whose authority is derived from the Constitution cannot perform their duty unless they share Scalia's conviction that, "Words have meaning. And that meaning doesn't change."

Justice Scalia -- Conservative Icon?

Tamara Rice Lave | Posted 02.18.2016 | Politics
Tamara Rice Lave

It's easy to celebrate (or vilify) Scalia's originalism because it allowed him to interpret the Constitution in a way that resonated with his conservative values. Yet this same jurisprudence underlay decisions dramatically increasing the rights of the accused.

Justice Scalia's Death and the Fight for the Soul of Our Constitution

Nan Aron | Posted 02.18.2016 | Politics
Nan Aron

The unexpected death of Justice Antonin Scalia and the resulting Supreme Court vacancy has rattled a political system already destabilized by what is shaping up to be a bizarre political campaign.

When Quitting Wins

Terry Tillman | Posted 02.18.2016 | Politics
Terry Tillman

The system and players in it need to be shaken up, from the outside. Why would we believe that those on the inside who created the problems, those in the system, could possibly solve them?

Three Worst Supreme Court Justices of All Time

Alan Singer | Posted 02.19.2016 | Politics
Alan Singer

With the recent death of Supreme Court Justice Antonin Scalia and the battle shaping up over whether Barack Obama should appoint his successor, I decided to jump in with my list of the three worst Supreme Court Justices of all-time (in chronological order).

Death of a Justice

Chris Weigant | Posted 02.15.2016 | Politics
Chris Weigant

With the death of Supreme Court Justice Antonin Scalia, the November election may decide the fate of all three branches of the United States government. That's a pretty unique situation, and it may boost turnout on both sides of the aisle.

Exclusive Interview: Kevin Gutzman on Justice Antonin Scalia

Tom Mullen | Posted 02.17.2016 | Politics
Tom Mullen

Much will be written and said about the career and legacy of Supreme Court Justice Antonin Scalia, who passed away on Saturday. But few have the perspective of Kevin Gutzman, Ph.D., best-selling author of four books, including The Politically Incorrect Guide to the Constitution.

An Open Letter to Mitch McConnell

Rev. Susan Russell | Posted 02.15.2016 | Politics
Rev. Susan Russell

The sudden death of Supreme Court Justice Antonin Scalia sent shockwaves through the political process. Arguably more shocking than the death of a 79-year-old man from a heart attack was the immediate "spin" from Senate Majority Leader McConnell's office.

Hey Cruz, Trump and Rubio: The Constitution Says There's One President at a Time. His Name Is Barack Obama

Ian Reifowitz | Posted 02.15.2016 | Politics
Ian Reifowitz

Given that this same party also decided -- on the night he was inaugurated -- that they would seek to prevent Barack Obama from enacting any legislation whatsoever, we can at least say that they are consistent.

Elizabeth Warren Demolishes Arguments Against Filling Scalia’s Seat

The Huffington Post | Daniel Marans | Posted 02.14.2016 | Politics

Sen. Elizabeth Warren (D-Mass.) eviscerated the main conservative argument against filling Antonin Scalia’s Supreme Court seat during President Bara...