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Constitution

Change Is Coming -- It Always Does

Doug Zeigler | Posted 01.20.2015 | Politics
Doug Zeigler

Progressiveness is on the right side of history. Our country has shown time and time again that we move forward, not backwards. This country has been built from our birth on progressive and liberal principles, step by step, striving to improve.

What Grubergate Teaches Us About the Need for Judicial Engagement

Evan Bernick | Posted 01.19.2015 | Politics
Evan Bernick

Judges in every case ought to evaluate the government's arguments in a way that is sensitive to the ugly reality of legislative sausage-making rather than adopting the unwarranted assumption that we have found angels in the form of politicians and bureaucrats to govern us.

Congress Should Reject War Authorization Against Islamic State: Tell President No to Stupid War

Doug Bandow | Posted 01.17.2015 | Politics
Doug Bandow

President Barack Obama finally is obeying the law. He wants Congress to authorize military action against the Islamic State. That's what the Constitution requires.

Sixth Circuit Sets Up Supreme Court for Marriage Ruling (VIDEO)

Matt Baume | Posted 01.10.2015 | Gay Voices
Matt Baume

2014-11-10-ScreenShot20141110at11.17.18AMsmall.pngLast month the Supreme Court indicated that it didn't want to wade into the gay-marriage debate unless there were contradictory decisions amongst lower courts. Well, last week they got their wish.

Our Republic, My Republic

Christopher Phillips | Posted 01.08.2015 | Politics
Christopher Phillips

Whenever I enter the capacious main entrance of the National Constitution Center, I take pause when I pass by this quote by Teddy Roosevelt that's etched in the wall: "the people themselves must be the ultimate makers of their own Constitution."

Federal Judge: No, Congress Can't Transform Prairie Dogs Into 'Commerce'

Evan Bernick | Posted 01.07.2015 | Politics
Evan Bernick

Anytime a judge tells the federal government that it lacks the power to do something, it's newsworthy. And it happened on Wednesday, in a quirky case involving prairie dogs.

Somalia: Conundrum of an Activist

Sadia Ali Aden | Posted 01.01.2015 | World
Sadia Ali Aden

In order to genuinely win the hearts and minds of the ordinary citizens, the Somali leadership must not hasten making decisions on their behalf or self-interest by signing any treaty at a disadvantaged position with countries that have more negative record than positive.

Citizenfour and the Need for Judicial Engagement in Protecting Our Privacy

Evan Bernick | Posted 12.30.2014 | Politics
Evan Bernick

There is a remarkable moment in the new Edward Snowden documentary Citizenfour that shows why we need judges to take their duty to uphold the Constitution seriously.

Judicial Abdication in Virginia: Judge Rubber-Stamps Health Care Cartel

Evan Bernick | Posted 12.29.2014 | Politics
Evan Bernick

Creating health care cartels is not merely bad policy -- it is unconstitutional. The Supreme Court has held that legislation designed to further the interests of entrenched local businesses violates the Constitution.

Is Forced Quarantine for Ebola Legal?

Peter Van Buren | Posted 12.28.2014 | Politics
Peter Van Buren

Is it legal for a state (or the federal) government to detain and quarantine you against your will for health reasons? Yes. Has this sort of thing been done before? Yes. Will it be effective? No. Is it just a political ploy to garner votes from a panicked public? Oh my yes.

Why We Need a Constitutional Amendment to Overturn Citizens United

Ron Fein | Posted 12.22.2014 | Politics
Ron Fein

Who do you think politicians are more responsive to: (A) ordinary voters, or (B) rich funders? If you chose option B, you'd be right. But we have a chance to fix that.

What Does the Illinois Constitution Do for the State?

Matthew Dietrich | Posted 12.21.2014 | Chicago
Matthew Dietrich

Questions about changing the Illinois constitution played an important part in the gubernatorial election this summer, and the topic made a comeback Oct. 21 at the candidates' third and final debate.

How Our Declaration of Independence Can Help Set Us Free Today

Christopher Phillips | Posted 12.16.2014 | Politics
Christopher Phillips

What if we put our Declaration of Independence on an equal footing with the Constitution, and give it the force of law?

Shielded From Justice: The High Cost of Living in a Police State

John W. Whitehead | Posted 12.15.2014 | Politics
John W. Whitehead

Try to tally the pain, loss and medical bills of those in cities and towns across the nation who are reeling from the blows inflicted by the government's standing armies, and you will find yourself reeling.

Want To Revive Our Republic? Then Read the Constitution

Christopher Phillips | Posted 12.15.2014 | Politics
Christopher Phillips

If thawing out our republic and getting it back on a vibrant track can be achieved without any changes whatsoever to our Constitution, as I've asserted in my last blogs, why haven't we done so already?

Nullify This - How Citizen-Jurors Can Take Back Our Republic

Christopher Phillips | Posted 12.14.2014 | Politics
Christopher Phillips

When we serve as jurors, we can literally take the law into our own hands. As Thomas Jefferson maintained, if citizen jurors "think the permanent judges are under any bias whatever in any cause," they can "take on themselves to judge the law as well as the fact."

Our Court Needs More Supremes

Christopher Phillips | Posted 12.13.2014 | Politics
Christopher Phillips

What would having more Justices achieve? Ideally, a Court with a greater plurality of perspectives, a greater depth and breadth of experiences, backgrounds, value systems and approaches to their duties.

Republic, Unfrozen

Christopher Phillips | Posted 12.10.2014 | Politics
Christopher Phillips

The fact is that our visionary Framers provided us with a brilliant remedy for reviving our republic. Best of all, to implement it, no amendment is required.

Should We Just Follow Orders? Rules of Engagement for Resisting the Police State

John W. Whitehead | Posted 12.07.2014 | Politics
John W. Whitehead

To begin with, and most importantly, Americans need to know their rights when it comes to interactions with the police, bearing in mind that many law enforcement officials are largely ignorant of the law themselves.

Same-Sex Marriage and the Dangers of Dawdling

Geoffrey R. Stone | Posted 12.07.2014 | Politics
Geoffrey R. Stone

In light of the Court's five-to-four decision a little over a year ago in Windsor v United States, in which the Court held the federal Defense of Marriage Act unconstitutional, it is virtually certain that the five justices in the majority in Windsor (Anthony Kennedy, Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan) would take the next obvious step and hold state laws prohibiting same-sex marriage unconstitutional as well. Indeed, that is why lower federal court judges have been almost unanimous since Windsor in reaching that result. With that understanding, it is obvious why none of the four dissenters in Windsor (John Roberts, Antonin Scalia, Clarence Thomas, and Samuel Alito) voted to hear this round of cases. But why did the justices who were in the majority in Windsor also vote not to hear these cases?

Bring the Vote to the People

David Vognar | Posted 12.06.2014 | Politics
David Vognar

I propose America engage in an experiment by amending the Constitution in order to replace the House of Representatives with a chamber whose votes are based on direct voting by the people.

Presidents and the War Power

Ivan Eland | Posted 12.06.2014 | Politics
Ivan Eland

President Barack Obama's claim that he doesn't need congressional authorization for his current war in Iraq and Syria is troubling. However, Obama is not the first president to believe that he has the rather imperial authority for war by executive fiat.

Profiles In Cowardice

Chris Weigant | Posted 11.29.2014 | Politics
Chris Weigant

The United States Congress is currently abdicating one of its most solemn duties: declaring when America is at war, and with whom. This is nothing short of disgraceful, and every member of Congress who didn't actively push their leadership to hold a vote should be ashamed of themselves right now.

7 Things Cracked Got Wrong About Free Speech

Greg Lukianoff | Posted 11.26.2014 | College
Greg Lukianoff

1. Free speech and the First Amendment are not the same thing. In fact, free speech is a much bigger, older, bolder cultural idea.

E.O. 12333: End-Running the Fourth Amendment

Peter Van Buren | Posted 11.23.2014 | Politics
Peter Van Buren

In Post-Constitutional America (2001-Present), the government has taken a bloody box cutter to the original copy of the Constitution and thrown the Fourth Amendment in the garbage.