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The Founders Trusted the People, Not Religious Tests

Stephen Mansfield | Posted 01.07.2016 | Religion
Stephen Mansfield

One of the great innovations our founding fathers built into our Constitution was a ban on religious tests. They had seen too much. They knew history too well. They would not have their government controlled by any one religion.

This Land Is Their Land: Progressive Professor Defends Eminent Domain for Corporate Gain

Evan Bernick | Posted 01.07.2016 | Politics
Evan Bernick

You can't have progressive government without leaving skin on the sidewalk. That's the essence of Professor Jedediah Purdy's jeremiad against Professor Ilya Somin's recent book, The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain.

10 Reasons The Oregon Militants Are Nothing Like Our Auntie Rosa Parks

Sheila McCauley Keys | Posted 01.06.2016 | Black Voices
Sheila McCauley Keys

Auntie Rosa wanted to ensure the constitutional rights of all Americans. These men want public land turned over for private uses. Auntie Rosa was willing to go to jail for her beliefs. These men hide behind guns.

Supreme Court Makes Everyone Lie About Abortion

Doug Bandow | Posted 12.31.2015 | Politics
Doug Bandow

Abortion again is headed to the Supreme Court. At issue is a Texas law setting medical standards for abortionists.

Denying People A Job After They've Left Prison Is Unconstitutional, Court Rules

The Huffington Post | Cristian Farias | Posted 01.04.2016 | Politics

A court in Pennsylvania on Wednesday struck down a state law that imposed a lifetime ban from employment on as many as 200,000 people with criminal re...

Americans Won't Elect a Vulgar/Bullying Blowhard

Peter D. Rosenstein | Posted 12.24.2015 | Politics
Peter D. Rosenstein

The American people won't elect a vulgar/bullying/blowhard for President even if the ultra-right wing of the Republican Party manages to nominate him. We have never before seen the kind of campaign we are seeing this year within the Republican Party.

College Protesters Are Not a Threat to Free Speech

Alan Singer | Posted 12.23.2015 | College
Alan Singer

I have never been invited to be a college commencement speaker, because of my ideas, and also because I will not bring in donor dollars. In this country money drives access. By the way, if a college is interested, I charge much less than Condoleezza Rice.

No Hillary, Donald et al, The President's First Job is Not to Keep Americans Safe

Tom Mullen | Posted 12.22.2015 | Politics
Tom Mullen

The Democratic debate on Saturday proved one thing: powerful interests that transcend the political parties have an agenda. That's the only explanation for the talking point mindlessly repeated by virtually all of the presidential candidates in both parties: "It is the first job of the president to keep Americans safe."

ISIS, Fear, and the Freedom of Speech

Geoffrey R. Stone | Posted 12.22.2015 | Politics
Geoffrey R. Stone

In recent weeks, two of the legal scholars I most admire -- Cass Sunstein and Eric Posner -- have independently called for possible limitations on the scope of First Amendment protection in light of the dangers posed to the United States by online radicalization messages directed at Americans. Although I certainly understand the concerns driving these suggestions, it is essential that we resist the temptation to restrict our most fundamental freedoms in moment of panic. This is not to say that our nation's security is not important or that preventing terrorist attacks is not a critical goal. But it is to say that this is not an appropriate way to protect ourselves.

In the Spirit of "Peace on Earth," God Appears on Fox News to Call for Gun Control

Flora Nicholas | Posted 12.22.2015 | Comedy
Flora Nicholas

In a surprising move this holiday season, Our Father, which normally art in heaven, descended down to earth yesterday and added His Almighty voice to the call for gun control. Dressed in a pure white suit, and looking not unlike Morgan Freeman in Bruce Almighty, God appeared on Fox News and said:

Dred Scott, Substantive Due Process, and the Logic of Natural Rights: A Further Reply to Matthew Franck

Evan Bernick | Posted 12.21.2015 | Politics
Evan Bernick

Perhaps nothing has damaged the reputation of "substantive due process" more than that doctrine's association with Dred Scott v. Sandford (1857) -- the infamous decision holding that Congress lacked the power to ban slavery in federal territories and blacks had no rights under the Constitution that whites were bound to respect.

Stop Hiding Behind the Second Amendment

Samantha Paige Rosen | Posted 12.20.2015 | Politics
Samantha Paige Rosen

If the Second Amendment doesn't protect an individual right to own a gun, we don't need to repeal or amend it in order to establish major gun control laws. We must remember that this tale is the NRA's doing, not the Founders of the Constitution, and that it is rooted in fear.

Evenwel, Equal Representation Depends on Justice Kennedy

Kathay Feng | Posted 12.14.2015 | Los Angeles
Kathay Feng

Since the time of the Founding Fathers, people have debated who America's representative democracy should represent. It was a pretty radical idea for American colonists to advance the idea that those who were elected to our government should represent all of We the People.

Pagedale and the Rule of Law: Matthew Franck's Unoriginal Case Against Substantive Due Process

Evan Bernick | Posted 12.14.2015 | Politics
Evan Bernick

Few doctrines have a worse reputation among conservatives than "substantive due process" -- the idea that the Constitution's guarantee of "due process of law" imposes inherent limits on the exercise of government power.

The End of Racism... and Politics

Craig Platt | Posted 12.14.2015 | Politics
Craig Platt

As always I don't want to take a stand for or against one party or the other. If you ask me, they both have their issues. But the issue here is one of universal concern, which has nothing to do with which party you belong to. The Grand Old Party was named because of its grand ideology, an ideology that was revolutionary at the time. And liberal. And inclusive, not exclusive.

Friday Talking Points -- Not Funny Anymore

Chris Weigant | Posted 12.11.2015 | Politics
Chris Weigant

It's not funny anymore -- it's getting closer and closer to becoming reality. Donald Trump, leader of the Republican Party. Deal with it, everyone.

Islamic State: The Menace Is Its Narrative

Tamim Ansary | Posted 12.11.2015 | World
Tamim Ansary

The future of the terrorist threat hangs on a battle of ideas, but the contest is not between Islamic and Western civilizations; it's between two competing narratives in the Muslim world. We in the West can't formulate that new Muslim vision, but we can undermine the people who are forging it.

Donald Trump Thinks Americans Are Stupid. And You Know What? He Might Be Right.

Brian Joyce | Posted 12.10.2015 | Politics
Brian Joyce

What does this say about Donald Trump? Not much, aside from what we already knew: Donald Trump is a very intelligent man. He knows how to push Americans' buttons. He knows how to tap into our worst fears and deepest prejudices.

How A Long-Lost Footnote Could Save The Supreme Court From Itself

The Huffington Post | Cristian Farias | Posted 12.08.2015 | Politics

WASHINGTON -- Some 50 years ago, a Supreme Court footnote disappeared from the annals of history. It wasn't a big deal then and it isn't today. Footno...

Donald Trump's New Southern Strategy

Rabbi Joshua Stanton | Posted 12.08.2015 | Politics
Rabbi Joshua Stanton

Today, almost everyone agrees it's unacceptable to openly express racism in elections. But lately, the Southern Strategy has taken on a new form. You can't be openly racist, but it's just fine to hate Muslims.

When Did The Constitution Become A Religious Document?

John Compton | Posted 12.07.2015 | Politics
John Compton

When it comes to the Constitution, most of the self-proclaimed evangelicals in the current presidential field want to have it both ways. They pledge fidelity to the principles of the framers, yet their religiously inspired policies are often at odds with any plausible reading of the Constitution's text.

The Other 13th Amendment: The Complicated History of Abolition That Still Haunts Us Today

Linda R. Monk, J.D. | Posted 12.04.2015 | Chicago
Linda R. Monk, J.D.

What if the 13th Amendment, which turns 150 on Dec. 6, had made slavery a permanent part of the Constitution instead of abolishing it? What if President Abraham Lincoln had supported such an amendment? Say it ain't so, Abe--but it is.

The Stuggle for Justice Continues: December 6th, 2015 Marks the 150th Anniversary of the 13th Amendment

Dr. Artika R. Tyner | Posted 12.04.2015 | Black Voices
Dr. Artika R. Tyner

As we reflect on the 13th Amendment, we are reminded that the struggle for justice will continue until we realize the vision of a free and just America for all.

Dear America: Here's Your Gun Solution

Sara Benincasa | Posted 12.03.2015 | Politics
Sara Benincasa

Gun ownership isn't some inalienable right granted by God. Remember, the Constitution was written by men coming out of a long and bloody war near the end of the 18th century. It was written for their time. It also included the "right" to own a human being. Things change.

It Tolls for Thee, America

David Scott Clegg | Posted 12.02.2015 | Politics
David Scott Clegg

The latest terrorist act (and yes, we need to call it what it is) in Colorado is not a freedom of expression as provided by a constitution that binds together a people under a set of ideals. It is an act of war upon the values, the privilege of what it means to be an American; to be anyone who rings the bell for freedom.