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Constitution

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

Evan Bernick | Posted 11.10.2016 | 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 11.06.2016 | 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 11.03.2016 | 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 11.02.2016 | 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 10.30.2016 | 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 10.29.2016 | 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 10.28.2016 | 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 10.28.2016 | 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 10.25.2016 | 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.

Presidential Election: Crying (Tears of Hope) for you, Argentina

Jesica L. Santos | Posted 10.21.2016 | World
Jesica L. Santos

On October 25, Argentinians will go the polls to elect their next democratic president who, for the first time since 2003, won't have "Kirchner" as a last name. But the choice Argentinians will really be making concerns not an individual but, rather, the type of country they want to recover.

Texas: Neutering Democracy

David Morris | Posted 10.21.2016 | Politics
David Morris

In Texas liberty trumps democracy. The Texas Supreme Court itself says so. This year the legislature de-listed student IDs but added a new form of ID that would gladly be accepted: a handgun license.

I Declare Young Citizens Full and Equal Partners in 'We the People'

Christopher Phillips | Posted 10.19.2016 | Politics
Christopher Phillips

Anyone familiar with my own view -- considered, alas, "radical" (not in a good way) by many adults, including many so-called progressive -- knows that I maintain that our millions of citizens under age 18 should have equal right to self-determination, and be given equal opportunity to achieve that.

Do You Have a Family Constitution?

Avidan Milevsky | Posted 10.13.2016 | Parents
Avidan Milevsky

The amount of time and energy we place on talking about the constitution seems to gain greater importance as we see how other societies not privileged to have a unified code descent into chaos. When a group of people are not governed by a cohesive set of rules, anarchy ensues.

Another Tea Party Assault on Democracy

Carl Pope | Posted 10.12.2016 | Politics
Carl Pope

The Tea Party wing of the House Republican party is seeking changes in the rules and procedures. Changes designed to strip the Speaker of the ability to assemble a majority within the House and enable that majority to govern. They cloak their demands in the language of bottom-up democracy. But their complaints about John Boehner's leadership give away the game. 

The Constitution Does Not Give 'Crazies' or Republicans the Right to Bear Arms

Alan Singer | Posted 10.12.2016 | Politics
Alan Singer

The United States Constitution needs to be seen as a guideline for decision-making, not a restrictive 18th century template that prevents all government action forevermore.

Ninth Circuit Strikes a Blow Against Civil Forfeiture Abuse

Evan Bernick | Posted 10.09.2016 | Politics
Evan Bernick

Protecting innocent property owners from overreaching law enforcement requires the abolition of civil forfeiture altogether. Until that occurs, judicial engagement is essential to ensuring innocent property owners get the legal assistance they need to force the government to play by the rules and give back what is rightfully theirs.

Indian Economic Blockade on Nepal

Subhash Ghimire | Posted 10.07.2016 | World
Subhash Ghimire

The message from New Delhi seems to be that the economic blockade on Nepal will be completely lifted only when the demands of the protesting Madheshis and Tharus, especially on province demarcations, are met. This is the reason it is sending essential supplies into Nepal in fits and starts.