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Constitution

Friday Talking Points -- Unintelligible Yelling

Chris Weigant | Posted 02.26.2017 | Politics
Chris Weigant

Marco Rubio played the part of a yappy little attack dog all night long, but only really landed one good blow on Trump (when he turned the "you repeat things" attack back on him) for all his heartfelt effort.

Will GOP Leadership Adhere to Scalia's Originalist Theory?

Elizabeth Glass Geltman | Posted 02.25.2017 | Politics
Elizabeth Glass Geltman

GOP leaders who refuse to hold confirmation hearings and attempt to prevent President Obama from making an appointment violate the legacy of the man they seek to replace.

The Triple Threat: Constitutional Reform in Thailand

Rachael Willis | Posted 02.22.2017 | Home
Rachael Willis

Source: Wikimedia As President Obama welcomed representatives from 10 Southeast Asian nations to California for the US-ASEAN meeting at Sunnylands l...

The Evolution of Constitutional Theory and the Future of Judicial Engagement: A Response to Professor Balkin

Evan Bernick | Posted 02.24.2017 | Politics
Evan Bernick

Will liberals and conservatives change their views about the role of the courts in enforcing the Constitution if a new liberal majority emerges on the Supreme Court?

Three Constitutional Amendments We Need Right Now

Rodney Wilson | Posted 02.22.2017 | Politics
Rodney Wilson

The current partisan battle to replace the late Justice Scalia, for example, makes it apparent that a fine point needs to be put on presidential appointment power. In addition, two other questions perpetually provoke deep division and heated debate -- particularly in an election season.

Antonin Scalia, Judicial Activist? In Defense of the Late Justice -- and the Rule of Law

Evan Bernick | Posted 02.22.2017 | Politics
Evan Bernick

Defending the notion that the Constitution -- all of it -- has a fixed, determinable meaning would take more than a brief essay. My ambitions here are modest -- to offer a sketch of why judges whose authority is derived from the Constitution cannot perform their duty unless they share Scalia's conviction that, "Words have meaning. And that meaning doesn't change."

Justice Scalia -- Conservative Icon?

Tamara Rice Lave | Posted 02.18.2017 | Politics
Tamara Rice Lave

It's easy to celebrate (or vilify) Scalia's originalism because it allowed him to interpret the Constitution in a way that resonated with his conservative values. Yet this same jurisprudence underlay decisions dramatically increasing the rights of the accused.

Justice Scalia's Death and the Fight for the Soul of Our Constitution

Nan Aron | Posted 02.18.2017 | Politics
Nan Aron

The unexpected death of Justice Antonin Scalia and the resulting Supreme Court vacancy has rattled a political system already destabilized by what is shaping up to be a bizarre political campaign.

When Quitting Wins

Terry Tillman | Posted 02.18.2017 | Politics
Terry Tillman

The system and players in it need to be shaken up, from the outside. Why would we believe that those on the inside who created the problems, those in the system, could possibly solve them?

Three Worst Supreme Court Justices of All Time

Alan Singer | Posted 02.18.2017 | Politics
Alan Singer

With the recent death of Supreme Court Justice Antonin Scalia and the battle shaping up over whether Barack Obama should appoint his successor, I decided to jump in with my list of the three worst Supreme Court Justices of all-time (in chronological order).

Death of a Justice

Chris Weigant | Posted 02.15.2017 | Politics
Chris Weigant

With the death of Supreme Court Justice Antonin Scalia, the November election may decide the fate of all three branches of the United States government. That's a pretty unique situation, and it may boost turnout on both sides of the aisle.

Exclusive Interview: Kevin Gutzman on Justice Antonin Scalia

Tom Mullen | Posted 02.15.2017 | Politics
Tom Mullen

Much will be written and said about the career and legacy of Supreme Court Justice Antonin Scalia, who passed away on Saturday. But few have the perspective of Kevin Gutzman, Ph.D., best-selling author of four books, including The Politically Incorrect Guide to the Constitution.

An Open Letter to Mitch McConnell

Rev. Susan Russell | Posted 02.15.2017 | Politics
Rev. Susan Russell

The sudden death of Supreme Court Justice Antonin Scalia sent shockwaves through the political process. Arguably more shocking than the death of a 79-year-old man from a heart attack was the immediate "spin" from Senate Majority Leader McConnell's office.

Hey Cruz, Trump and Rubio: The Constitution Says There's One President at a Time. His Name Is Barack Obama

Ian Reifowitz | Posted 02.15.2017 | Politics
Ian Reifowitz

Given that this same party also decided -- on the night he was inaugurated -- that they would seek to prevent Barack Obama from enacting any legislation whatsoever, we can at least say that they are consistent.

Elizabeth Warren Demolishes Arguments Against Filling Scalia’s Seat

The Huffington Post | Daniel Marans | Posted 02.14.2016 | Politics

Sen. Elizabeth Warren (D-Mass.) eviscerated the main conservative argument against filling Antonin Scalia’s Supreme Court seat during President Bara...

Why Constitutional Conservatives Should Embrace Judicial Engagement

Evan Bernick | Posted 02.11.2017 | Politics
Evan Bernick

Senator Rand Paul has departed from the Republican presidential race--but not before offering a much-needed challenge to conservative orthodoxy concerning the Constitution and the proper role of the courts in enforcing it.

Cops Recording Your Every Move For 10 Weeks Doesn't Violate The Constitution

The Huffington Post | Cristian Farias | Posted 02.08.2016 | Politics

A federal appeals court on Monday ruled it is not unconstitutional for law enforcement to set up a camera on a public utility pole and record a suspec...

Unlike Washington, Ted Cruz Hates The Constitution

Randy Paul Oetinger | Posted 02.05.2017 | Politics
Randy Paul Oetinger

No matter what people today say about the founding fathers and the Constitution, the framers of that document would roll over in their graves if they were aware that we might elect a president who hates all three branches of the very government established by that constitution.

What If the Second Amendment Were Repealed?

Paul Heroux | Posted 01.30.2017 | Politics
Paul Heroux

I am a Democrat State Representative who has been endorsed by the Gun Owners Action League (GOAL) of Massachusetts because my position on guns rights doesn't interfere with law abiding citizens. In my opinion, the Second Amendment is here to stay. But as constant a student of human behavior and government, I also have an inquisitive mind.

Don't Amend the Constitution, Enforce It

Evan Bernick | Posted 01.27.2017 | Politics
Evan Bernick

The federal government has burst the confines of the Constitution, and we the people must do something about it. That's the premise of recent calls by...

SCOTUS: Is Trump's Immigration Policy More Constitutional Than Obama's?

Amy Dardashtian | Posted 01.26.2017 | Politics
Amy Dardashtian

From a purely legal perspective, our present immigration policy is more favorable to Donald Trump's plan to mass deport immigrants than it is to President Obama's attempts to keep families together.

Conservative National Groups Battle In The States Over Constitution Redo

Center for Public Integrity | Paige Lavender | Posted 01.26.2016 | Politics

This story was originally published by the Center for Public Integrity. It’s only a short phrase buried in the U.S. Constitution, but it enables an ...

Conservatives and the Constitution

Max J. Skidmore | Posted 01.25.2017 | Politics
Max J. Skidmore

Singing their praises of the Constitution, House Republicans adopted a "requirement that every bill must cite the provision of the Constitution which permits its introduction." Surprisingly, the actual Constitution frequently makes conservatives uncomfortable.

What's to Do About ISIS?

Richard Dreyfuss | Posted 01.25.2017 | Politics
Richard Dreyfuss

Can we bomb a movement that has no nation but definitely has a strong belief system, like we used to have? Haven't we learned that every bomb creates terrorists?

Justice Breyer Is Dying For A Case That Will Kill The Death Penalty For Good

The Huffington Post | Cristian Farias | Posted 01.22.2016 | Politics

The U.S. Supreme Court gets last-minute death penalty appeals all the time, even when it's on summer recess. It seldom grants them. It refused two req...