iOS app Android app

Constitution

Governors in Too Deep Over LGBT Potty Laws

Amy Dardashtian | Posted 03.31.2016 | Politics
Amy Dardashtian

Governors and Mayors across the country are issuing executive orders banning non-essential, government-funded travel to North Carolina. Governors are proclaiming it is in their states interests to promote equality and act out against discrimination. This may be true, however, they have no power to do so outside of their states.

For Judicial Independence--and Against Elective Despotism: A Further Reply to Greg Weiner

Evan Bernick | Posted 03.30.2016 | Politics
Evan Bernick

Greg Weiner has a problem with authority--judicial authority, that is. In an incisive (and often quite amusing) reply to my critique of his recent effort to distinguish between judicial deference to Congress (which he lauds) and judicial deference to executive agencies (which he condemns), Weiner makes plain that he regards the federal judiciary as an ever-present threat to representative democracy.

A New Land -- Reshaping Sri Lanka's Destiny

Aritha Wickramasinghe | Posted 03.23.2016 | Queer Voices
Aritha Wickramasinghe

For too long Sri Lanka's LGBT community have been excluded from the recognition and protections that they deserve.

Supreme Court Won't Let Nebraska, Oklahoma Ruin Colorado's Marijuana High

The Huffington Post | Cristian Farias | Posted 03.21.2016 | Politics

The Supreme Court on Monday dismissed a high-stakes lawsuit brought by Nebraska and Oklahoma that sought to invalidate Colorado's regime of legal mari...

Open letter to Republican Senators from your BOSS!

Soul Dancer | Posted 03.22.2016 | Politics
Soul Dancer

Do you work for wages? Do you report to some sort of boss? Do you pay taxes to the United States government (federal, state, local)? Do you underst...

New Jersey is Pushing Unconstitutional Anti-BDS Legislation Because No more Plausible Deniability

Yolanda Rondon | Posted 03.21.2016 | Impact
Yolanda Rondon

The Boycott, Divestment, and Sanctions (BDS) movement is a non-violent political protest against Israel's policies and practices that violate the huma...

Friday Talking Points -- Deconstructing GOP Absurdity

Chris Weigant | Posted 03.18.2016 | Politics
Chris Weigant

The basic Republican position isn't that hard to understand. It is: "We are going to deny Barack Obama a third Supreme Court pick, unless Hillary Clinton wins the presidency." That is precisely what some of them believe.

Making America Great Again: End Speculation on Public Measures

Bruce Fein | Posted 03.17.2016 | Politics
Bruce Fein

Let's make America great again by following the genius of the Constitution, James Madison, and end the trillion dollar speculations on public measures...

Garland: An Excellent Choice for the Supreme Court

Adam Winkler | Posted 03.16.2016 | Politics
Adam Winkler

No one can say that Garland is a political pick. He does not have a notably liberal record, and as a white male he does not appeal to die-hard liberals. Obama didn't pick him to motivate voters. He picked him because he is a bipartisan choice who is undoubtedly qualified for the position.

Donald Trump's War on the First Amendment

Bill Blum | Posted 03.15.2016 | Politics
Bill Blum

The bullying billionaire can sling mud and demean his real and imagined enemies with the best of them. The problem, however, is that he can't take it when others fire back.

Kansas Republicans Show How Far Conservatives Will Go to Support Their Economic Fantasy

Marvin Meadors | Posted 03.14.2016 | Politics
Marvin Meadors

What kind of an unprincipled political party attempts to nullify an entire branch of government? For that matter, what kind of political party wants fewer people to vote?

Create Fixed Judicial Terms to Depoliticize Supreme Court Nominations

Doug Bandow | Posted 03.14.2016 | Politics
Doug Bandow

The Constitution gives the Senate the power to advise and consent. That body is empowered to say no as well as yes. And the most important qualification for office is philosophical. Put simply: Does the nominee believe the Constitution means anything apart from the jurists' personal preferences? If not, then the Senate should reject the nomination.

Friday Talking Points -- The Dog That Didn't Bark at the GOP Debate

Chris Weigant | Posted 03.11.2016 | Politics
Chris Weigant

We had two Democratic debates and one Republican debate last week. The GOP one was shocking -- because nobody said anything shocking! Yes, that's truly how far the Republicans have sunk -- to the Sherlockian level of the dog not snarling in the night being the big news.

We the Portuguese People: Fighting For What Matters

André Corrêa d'Almeida | Posted 03.15.2016 | World
André Corrêa d'Almeida

Last week the Portuguese people learned that their former Ministry of Finance accepted a job at Arrow Global -- a leading global debt purchaser and ma...

False Modesty: Why the Supreme Court Does Not Need Judicial Minimalism

Evan Bernick | Posted 03.09.2016 | Politics
Evan Bernick

Sunstein is correct that judges need not be heroes. They must, however, be equipped to enforce constitutional values in both controversial and mundane cases. They must employ a consistent, principled approach in resolving constitutional questions, and be prepared to assert the authority of their office in doing so

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, ...