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Fallible But Final: Why Justice Scalia is Wrong About the Supreme Court's Authority

Evan Bernick | Posted 11.18.2015 | Politics
Evan Bernick

The very cases that Scalia invokes disclose the need for an independent judiciary to serve as a final check against abuses of government power. If that check is to be effective, the highest court in the nation must have the authority Scalia would deny it.

Sorry, Governors: The Decision To Let In Refugees Isn't Really Up To You

The Huffington Post | Cristian Farias | Posted 11.18.2015 | Politics

A wave of governors rattled their sabers Monday in response to the Paris terrorist attacks, vowing to block Syrian refugees from settling within their...

Obama and Post-Constitutional America

Michael Brenner | Posted 11.16.2015 | Politics
Michael Brenner

Certain actions have a pernicious and corrosive effect on democratic institutions and should be considered as violations of the Constitution. I believe that a persuasive case can be made that five actions by President Barack Obama meet this standard.

Revising The Undemocratic 'Map Of Shame'

Marian Wright Edelman | Posted 11.13.2015 | Politics
Marian Wright Edelman

Our nation has a vital stake in the well-being of its children. But all these efforts to subvert the democratic process continue and we must fight to stop them in every form.

Obama's Escalation in Syria

Stephen Zunes | Posted 11.12.2015 | World
Stephen Zunes

President Obama's announcement that he would send up to 50 U.S. Special Forces to "train, advise and assist" armed militia fighting forces of the so-called "Islamic State" in Syria marks an escalation in U.S. military involvement in that country.

A Conversation with Justice Stephen Breyer: Millennial Take

Harvard University’s Institute of Politics | Posted 11.11.2015 | College
Harvard University’s Institute of Politics

We have now come to expect the head-to-head clashes between politicians with opposing views. At first appearance, the Supreme Court may seem to fall in line with this rule with its frequent nail-biting cases. But according to United States Supreme Court Justice Stephen Breyer, the opposite holds true.

Honoring Veterans

Mark Steber | Posted 11.11.2015 | Business
Mark Steber

In the past, companies thanked military veterans with meals or discounts on Veterans Day and now, in part because of Social Media, we are all aware of...


Dwight Brown | Posted 11.13.2015 | Black Voices
Dwight Brown

In 1987 Mugabe became President with unbridled powers over other branches of the government and army. Enter the very alarming and revealing documentary Democrats, which thoroughly catalogues the constitutional process and how difficult it is to remove an embedded leader.

Hollowing Out Civil Rights Law: Supreme Court Signs Off On 'Shoot First, Think Later' Policing

Evan Bernick | Posted 11.10.2015 | Politics
Evan Bernick

The question of whether ordinary Americans have any meaningful civil recourse against officers who violate their rights has taken on pressing importance. On Monday, in an appalling decision, the Supreme Court effectively answered "no."

Sotomayor Says SCOTUS Has 'Shoot First, Think Later' Approach To Cop Violence

The Huffington Post | Cristian Farias | Posted 11.10.2015 | Politics

The Supreme Court for a number of years has sided with cops in police brutality cases. The justices did it again Monday, issuing an unsigned summary d...

Defining 'One Person, One Vote': SCOTUS Returns To The Political Thicket

Evan Bernick | Posted 11.06.2015 | Politics
Evan Bernick

Evenwel represents a valuable opportunity for the Court to not only clarify its case law concerning reapportionment but also affirm a vital principle central to our law: the Constitution protects citizens against arbitrary action by government in every field.

Sonia Sotomayor Gets Unexpectedly Personal Inside The Courtroom

The Huffington Post | Cristian Farias | Posted 11.05.2015 | Politics

WASHINGTON -- Every oral argument at the U.S. Supreme Court is unscripted, but rarely is the great marble courtroom the place to get real about one's ...

The Supreme Court Spared A Man With A Brain Defect From Execution

The Huffington Post | Cristian Farias | Posted 11.04.2015 | Politics

Missouri won't be able to execute a man with a well-documented history of intellectual disability -- not yet, at least. In a lengthier-than-usual orde...

Wanted: Supreme Court Justices With Grit

Evan Bernick | Posted 11.03.2015 | Politics
Evan Bernick

As we look towards the very real possibility that the next President of the United States will have an opportunity to nominate several Supreme Court justices, it is critically important to focus attention on a judicial virtue that has been neglected of late: Grit, that is, firmness of mind in the face of adversity.

Supreme Court Faces 'Arsenal Of Smoking Guns' In Case Of Racism In Jury Selection

The Huffington Post | Cristian Farias | Posted 11.02.2015 | Politics

WASHINGTON -- A high-profile case that could redefine how lower courts grapple with racial discrimination in jury selection may not be the slam-dunk a...

It's Not Too Late for Amendment 28

Jason Fabrikant, J.D. | Posted 11.02.2015 | Politics
Jason Fabrikant, J.D.

Taxpaying American citizens in D.C. currently lack full political representation in Congress. I am not suggesting statehood, only that D.C. have the right guaranteed to other U.S. citizens by the Constitution to vote for not just the President, but also for fully voting members of Congress.

Must-see Documentary on America's Gun Conversation

Living Room Conversations | Posted 11.02.2015 | Impact
Living Room Conversations

This Friday a powerful new documentary on America's gun conversation is going to open in 20 cities across the nation. The Armor of Light is asking us have a thoughtful conversation about guns and reducing gun violence in our communities.

America as a "Christian Nation" Doesn't Ring Historically True

Craig Considine | Posted 10.29.2015 | Religion
Craig Considine

Let us be clear in dealing with Ben Carson and other people on the Christian Right. The founders did not intend for the nation to be Christian.

Ruth Bader Ginsburg Is The Queen Of The Internet. And That's Pretty Much The Law.

The Huffington Post | Cristian Farias | Posted 10.29.2015 | Politics

One of the most tired clichés in Supreme Court lore is the idea that today’s dissents are tomorrow’s majorities. It's a thing. Ruth Bader Ginsbur...

Despite Calm Demeanor, Ben Carson Just as Incendiary as Donald Trump

Jesse Andreozzi | Posted 10.28.2015 | Entertainment
Jesse Andreozzi

While Trump's enormous popularity this summer had surprised me, I must say that Carson's surge has worried me. Deeply. It's clear that he's capable of the same incendiary rhetoric that has marked Donald Trump's campaign.

Objecting to Judicial Restraint: Against the Presumption of Constitutionality

Evan Bernick | Posted 10.28.2015 | Politics
Evan Bernick

Should Americans have to justify their freedom to the government, or should the government have to justify its restrictions on freedom to Americans? That question lies at the core of an ongoing debate amongst supporters of limited government about role of the courts in enforcing the Constitution.

Justice Holmes' Big Lie(s): Why His Lochner Dissent is Wrong, and Judicial Engagement Is Right

Evan Bernick | Posted 10.25.2015 | Politics
Evan Bernick

Unpacking Holmes' three biggest lies in Lochner discloses the weakness of Segall's case against judicial engagement and reveals why his Holmesian approach to judicial review should not be embraced.

FBI Agents Accused Of Torturing U.S. Citizen Abroad Can't Be Sued

The Huffington Post | Cristian Farias | Posted 10.23.2015 | Politics

Federal agents who illegally detain, interrogate and torture American citizens abroad can't be held accountable for violating the Constitution. A divi...

Do the World's 232 Million Migrants Have Constitutional Rights?

Dr. Jody Heymann | Posted 10.23.2016 | World
Dr. Jody Heymann

While the Syrian refugee crisis is currently capturing the world's attention, it reflects a much broader trend of increasing migration worldwide.

Answering the Supreme Court's Critics: The Court Should Do More, Not Less, to Enforce the Constitution

Evan Bernick | Posted 10.23.2016 | Politics
Evan Bernick

The Supreme Court is under attack. The Court is less popular that it has been in decades. Politicians have called for curbing the Court, proposing measures to strip the Court's jurisdiction and subject justices to periodic retention elections.