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Constitution

Two Parties No Party for America

Charles Karel Bouley | Posted 05.25.2011 | Politics
Charles Karel Bouley

Our leaders have all morphed in to one large, non-identified, political animal that proports to stand for something but has ended up standing for very little at all.

Secrecy Sacrificing National Security

Shahid Buttar | Posted 05.25.2011 | Politics
Shahid Buttar

Our nation's most notorious criminals violate our most fundamental laws and remain not only free, but actively engaged in influencing our national security policies.

Obama's Law Professor Says DOMA Unconstitutional

Emma Ruby-Sachs | Posted 05.25.2011 | Politics
Emma Ruby-Sachs

A campaign is underway to encourage the Department of Justice to refuse to defend the Defense of Marriage Act.

Who is Wise?

David M. Abromowitz | Posted 05.25.2011 | Politics
David M. Abromowitz

When Sonia Sotomayor entered Princeton in 1972, the percentage of women undergraduates was roughly equivalent to the percentage of women there will be on the Supreme Court when she takes her seat.

Friday Talking Points [79] -- Judicial Activism And Bias

Chris Weigant | Posted 05.25.2011 | Politics
Chris Weigant

"Judicial activism" (or, alternatively, "legislating from the bench") is defined -- no matter what your political beliefs -- as "judges not ruling the...

Bush v. Gore Rears Its Head (Part IV): A New Check on the Court to Defend the Rule of Law

Shahid Buttar | Posted 05.25.2011 | Politics
Shahid Buttar

The false national consensus that national security should trump constitutional protections for liberty and privacy exemplifies such collusion today.

Cheney and Torture

Jesse Larner | Posted 05.25.2011 | Politics
Jesse Larner

Cheney and his ilk don't understand liberty, and they don't understand freedom, what it costs and what it's worth. They are small men and cowards, selling out the rule of law at the first whiff of danger.

President Obama Reverses Bush Administration's Preemption Policy

Doug Kendall | Posted 05.25.2011 | Politics
Doug Kendall

Yesterday, the Obama administration recognized that states serve as "laboratories of democracy" and often are the most aggressive defenders of public health, safety, and the environment.

Obama, Don't Defend DOMA

Emma Ruby-Sachs | Posted 05.25.2011 | Politics
Emma Ruby-Sachs

Obama has the opportunity today, to stand up for equal rights by refusing to argue Defense of Marriage Act's constitutionality in court.

Echoes of the Bible: Obama's Notre Dame Address

Aaron Zelinsky | Posted 05.25.2011 | Politics
Aaron Zelinsky

It's important to remember your audience, and Obama clearly did at Notre Dame. Here are eight key lines from Obama's address and the biblical passages they reference.

What in the World is Jeff Sessions Talking About?

Doug Kendall | Posted 05.25.2011 | Politics
Doug Kendall

The issue is whether American judges may look for guidance in how judges in other countries with similar legal systems have resolved similar disputes.

Bankers Dance the Federalism Tango

David O. Stewart | Posted 05.25.2011 | Business
David O. Stewart

Banks have been playing this jurisdictional shell game for generations, seeking federal charters when that suited them and state licensing laws when those were more advantageous, and playing the two against each other.

An Officer's Obligation -- Say No to Torture

Matthew Alexander | Posted 05.25.2011 | Politics
Matthew Alexander

As a former active duty military officer, it is troubling to me that other military officers followed unlawful orders to torture or abuse prisoners.

Letting Texas Secede

Robbie Gennet | Posted 05.25.2011 | Politics
Robbie Gennet

Governor Rick Perry of Texas brought up the specter of Secession recently and upon polling, a fair amount of Texans and other Americans seem to think Texas seceding from the US would be a good idea.

Torture and the Problem of Constitutional Evil: The Way Forward

Howard Schweber | Posted 05.25.2011 | Politics
Howard Schweber

I have no hesitation in asserting that Judge Bybee should be subjected to impeachment proceedings, and that Bybee, Yoo, Addington et al. should face disbarment proceedings.

Sam Stein

Limbaugh Misquotes Constitution During CPAC Speech

HuffingtonPost.com | Sam Stein | Posted 05.25.2011 | Politics

During his much-discussed keynote address at the Conservative Political Action Conference on Saturday, Rush Limbaugh accused Barack Obama of pursuing ...

Is the United States a Judeo-Christian Nation?

Judith Ellis | Posted 05.25.2011 | Politics
Judith Ellis

While I and many Americans are Christians, we are most certainly not a Judeo-Christian nation.

A Blessing on Gay Marriage from Iowa

Paul Brandeis Raushenbush | Posted 05.25.2011 | Politics
Paul Brandeis Raushenbush

The Iowa Supreme Court did the just thing last week when it found laws prohibiting marriage between people of the same gender unconstitutional.

Falling Short of Full Constitutional Protection for Gays in Iowa

Emma Ruby-Sachs | Posted 05.25.2011 | Politics
Emma Ruby-Sachs

In upholding gay marriage, the Iowan Court made a number of choices. Some of these were as progressive as the California Supreme Court's In re Marriage Casesruling and some were not.

Confirm Harold Koh as State Department Legal Adviser

Brandt Goldstein | Posted 05.25.2011 | Politics
Brandt Goldstein

Harold Koh is a brilliant and hard-working lawyer with a strong dedication to protecting America's interests and upholding our Constitution.

Will the California Supreme Court Strike Down Prop 8, or "Willy-Nilly Disregard" Its Duty?

Evan Wolfson | Posted 05.25.2011 | Politics
Evan Wolfson

Unlike right-wing opponents of equality, who denounce and seek to punish courts for doing their job, I criticize only when they flinch or fail to do it.

A Follow-up to Last Week's Piece

Byron Williams | Posted 05.25.2011 | Politics
Byron Williams

In this case, my personal support for same-gender marriage is secondary to my unequivocal support for equal protection under the law. Moreover, I am proud to have a position that puts me in the company of civil rights icons

The Schools Are Destroying Freedom of Speech

John W. Whitehead | Posted 05.25.2011 | Politics
John W. Whitehead

"The Constitution makes clear there can be no religious test for holding office, and it is just as clear there can be no religious test for individual...

Let The People Choose Their Senators

David O. Stewart | Posted 05.25.2011 | Politics
David O. Stewart

Special elections are a lot of trouble and expense: Democracy is a lot of trouble and expense. Despotism is simple. In the eighteenth century, it was difficult to manage elections. Not today.

Scalia the Homophobe and Barney Frank the Hero

Emma Ruby-Sachs | Posted 05.25.2011 | Politics
Emma Ruby-Sachs

Barney Frank has called one of the most senior justices of the Supreme Court a homophobe.