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Rick Santorum Could Use a Lesson in Democracy!

Marvin Meadors | Posted 09.18.2015 | Politics
Marvin Meadors

Appearing on Hardball hosted by Chris Matthews immediately after the Republican debate, former Senator Rick Santorum revealed some strange contortions regarding his understanding of the constitution

Frederick Douglass Agreed With Bernie Sanders on Race in America

Alan Singer | Posted 09.18.2015 | Politics
Alan Singer

In a New York Times op-ed, Princeton University History Professor Sean Wilentz disputed claims that United States Constitution was a pro-slavery document.

The Real Reason Rand Paul is Losing to Trump and Carson: Republican Voters Want Bigger Government

Tom Mullen | Posted 09.16.2015 | Politics
Tom Mullen

Republican voters are fed up with the GOP leadership, but not because it's failed to make the government smaller or less powerful. They're fed up because it hasn't made the government bigger, in the areas they want it to be bigger.

It's Constitution Day! Time to Teach Obedience or History?

The Zinn Education Project | Posted 09.16.2015 | Politics
The Zinn Education Project

As students compare the actual Constitution with their classroom-generated Constitution, they realize that the framers took sides. But why these particular sides? Inevitably, most students want to learn who wrote the Constitution and which social groups they represented.

Is "Dumb And Dumber" An American Political Trademark?

Bernard Starr | Posted 09.16.2015 | Politics
Bernard Starr

What else don't our elected officials know? And should we be concerned? More important, can we do anything to ensure that our representatives are informed on important issues?

The Founding Fathers Would Deplore Donald Trump

Cody Cain | Posted 09.14.2015 | Politics
Cody Cain

Mr. Trump is a giant megalomaniac who fails to articulate any coherent political policies, but instead generates popular support by appealing to less sophisticated people based upon nothing more than his bombastic personality and the superficiality of being a celebrity and super rich.

The Presidency and the Iran Accord: Constitutional Day Lesson Ideas

Alan Singer | Posted 09.13.2015 | Education
Alan Singer

I propose Constitution Day be used to examine crucial current events issues that raise important constitutional questions. Given heated debate taking place in the United States over the power of the Presidency and the Iran nuclear accord, it is an ideal topic for secondary school classrooms on Constitution Day.

'Give Me Liberty or Give Me Death': The Loss of Our Freedoms in the Wake of 9/11

John W. Whitehead | Posted 09.09.2015 | Politics
John W. Whitehead

What began with the passage of the USA Patriot Act in October 2001 has snowballed into the eradication of every vital safeguard against government overreach, corruption and abuse. Since then, we have been terrorized, traumatized, and acclimated to life in the American Surveillance State.

Mike Huckabee Thinks He Knows The Constitution Better Than The Supreme Court

The Huffington Post | Cristian Farias | Posted 09.09.2015 | Politics

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It's Time for Conservatives to Reject Judicial Restraint

Evan Bernick | Posted 09.04.2015 | Politics
Evan Bernick

Constitutional conservatives must consider what approach to judging is most likely to produce decisions that are consistent with the Constitution's plan for limiting government.

U.S. Constitution: Public Officials Wanted, Willingness to Follow the Law a Must

Elizabeth B. Wydra | Posted 09.04.2015 | Politics
Elizabeth B. Wydra

As evidenced by Rowan County Clerk Kim Davis of Kentucky and several presidential candidates, apparently some public officials either don't know or don't care that when they act on behalf of the government, they are obliged to follow federal law.

Federal Judge to HHS: No, You Can't Discriminate for No Good Reason

Evan Bernick | Posted 09.02.2015 | Politics
Evan Bernick

Can the government treat some people differently than others on the basis of sheer favoritism? It seems like an obvious question, but decades' worth of unwarranted judicial deference in constitutional cases have made the answer uncertain.

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.