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Constitutional Law

The SCOTUS Should Stop Overprotecting the Rich and the Powerful: They Don't Need the Help

Eric Segall | Posted 08.14.2014 | Politics
Eric Segall

The biggest winner in the Supreme Court over the last few years has been the United States Chamber of Commerce. The Roberts Court is simply carrying on a long and sorry tradition of the Justices favoring the rich and the powerful against the poor and the weak.

Lawsuit Filed to Void Debt Ceiling: Is Jack Lew a "Default Denier"?

Victor Williams | Posted 07.26.2014 | Politics
Victor Williams

Over Memorial Day Weekend, America honors those who sacrificed to defend our nation and its honor. I paid tribute by revealing my lawsuit to void the...

Do We Need the Supreme Court?

Geoffrey R. Stone | Posted 07.22.2014 | Politics
Geoffrey R. Stone

The existence of judicial review matters only when the courts hold a law unconstitutional. A central question in evaluating this element of our constitutional structure is whether courts have exercised this authority wisely.

Crime and True Punishment: A Botched Execution or Dead-on Justice?

Steven Kurlander | Posted 07.08.2014 | Crime
Steven Kurlander

in this quest to reduce the "cruel and inhuman" nature of the death penalty, society also reduces the pain, loss of freedom and even loss of life that some say should be imposed for the kind of violence the unrepentant Lockett committed.

The National Review, Justice Sonia Sotomayor, and Affirmative Action

Geoffrey R. Stone | Posted 06.24.2014 | Politics
Geoffrey R. Stone

Of course, the National Review has every right under the First Amendment to say all of these things, and I would defend to the death, in Voltaire's words, its right to say them. But that does not make them any less offensive -- or ignorant of the law.

Politics, the Constitution and the Roberts Court

Geoffrey R. Stone | Posted 06.19.2014 | Politics
Geoffrey R. Stone

The "conservative" justices on the Roberts Court are often passionately restrained in their interpretation of the Constitution in precisely the cases in which a more muscular form of judicial review is most appropriate -- those involving discrimination against African Americans, women, Hispanics, religious dissenters, gays and lesbians, persons accused of crime, and denial of the right to vote to minorities and the poor. In these cases, our contemporary "conservative" justices often err on the side of upholding laws that even Philip Kurland would have found unconstitutional. This is, in my view, a sad state of affairs.

Teach Law Outside of Law Schools

Michael Shammas | Posted 06.04.2014 | College
Michael Shammas

What if I told you that the most pertinent social science subject -- one that affects every single one of us every single day -- is taught to only a select few? That would be absurd, right? Well, unfortunately this is no fiction. It is the state of legal knowledge in America, and it is profoundly troubling.

A Bone to Pick About Animal Protection Legislation

Abigail Perdue | Posted 05.20.2014 | Crime
Abigail Perdue

On March 14, 2014, South Dakota became the 50th state to enact a felony provision for animal cruelty. Although the enactment of new anti-cruelty measures in South Dakota is a step in the right direction, more remains to be done.

Celebrating Sullivan: The Central Meaning of the First Amendment

Geoffrey R. Stone | Posted 05.09.2014 | Politics
Geoffrey R. Stone

This week marks the 50th anniversary of the Supreme Court's decision in New York Times v. Sullivan, perhaps the most important First Amendment case in American history. In the words of the great First Amendment scholar Alexander Meiklejohn, the decision was "an occasion for dancing in the streets." Why was Sullivan so important?

Praying Away the School Day in Alabama

Lester & Charlie | Posted 04.15.2014 | Comedy
Lester & Charlie

What's one way to counter the recent news that American kids find school too boring? Take away their lunches! That oughta amp up the excitement level.

Constitutional Change and Manageable Standards

Zephyr Teachout | Posted 04.02.2014 | Politics
Zephyr Teachout

In a blog post this week, Former White House Counsel Bob Bauer critiqued an essay I wrote recently entitled "Constitutional Purpose and the Anti-Corruption Principle."

When Hell Freezes Over

Adam Banner | Posted 03.12.2014 | Politics
Adam Banner

In a move that has rankled many in this predominantly conservative Christian state, the Satanic Temple in New York has formally applied with the Oklahoma Capitol's grounds committee to build a statue of Baphomet, a goat-headed depiction of Satan, in the state's capitol building.

We Must Stop Fast Track Trade Authority from Being Granted!

Michele Nash-Hoff | Posted 03.11.2014 | Business
Michele Nash-Hoff

If Fast Track Authority is approved, it would allow President Obama to essentially have dictatorial control over the country in many respects. Fast Track Authority gives the executive branch legislative powers, something expressly forbidden by the Constitution.

The Great American Gun Violence Lottery

Erin Ryan | Posted 02.19.2014 | Politics
Erin Ryan

Just as our gun culture has changed for the worse, it can also change for the better. If the common-sense majority can just shake off this paralyzing mantle of powerlessness, we can start making the changes we want in our world.

The Aftermath: A Problematic 'Victory'

Bill Moyers | Posted 12.22.2013 | Politics
Bill Moyers

Previously published on BillMoyers.com Thanks to an eleventh-hour settlement the US has supposedly escaped fiscal doomsday, but historian Bernard Wei...

We the People('s) Dictatorship? Constitutional Politics in the United States and China

Mark Jia | Posted 11.27.2013 | World
Mark Jia

The rise and resonance of constitutional advocacy discourse in China is unambiguously positive. The first step towards giving legal life to the Chinese Constitution may be to embrace its political one.

Arguendo

Michael Meltsner | Posted 11.26.2013 | College
Michael Meltsner

You would not think that a constitutional law argument before the justices of the Supreme Court the stuff of engaging nights in the theatre.

It's (Almost) September 17 -- Do You Know Where Your Constitution Is?

Laura Beth Nielsen | Posted 11.16.2013 | Politics
Laura Beth Nielsen

On this Constitution Day, ordinary people may not think they have any say or stake in lofty constitutional matters when we talk about constitutional questions using these terms. And yet, Americans' lived experience touches on constitutional law every day.

Why I Don't Care If the NSA Reads My Emails

Lauren Cahn | Posted 08.22.2013 | Technology
Lauren Cahn

Next time you go to a convenience store, you might notice that a video surveillance camera. Now, if you're there to rob the place, you might be annoyed. But most likely, you won't give it a second thought. The way I see it, the same rules apply to governmental Internet surveillance.

The Case for Censoring Hate Speech

Sean McElwee | Posted 09.23.2013 | Politics
Sean McElwee

Stricter regulation of Internet speech will not be popular with the libertarian-minded citizens of the United States, but it's necessary.

What Lincoln and Jefferson Can Teach Us About NSA Surveillance

Brian Levin | Posted 09.11.2013 | Politics
Brian Levin

Sometimes, upholding the Constitution and protecting the country it set out to establish might involve acts that appear to violate bits and pieces of it. We should talk about transparency, oversight, and striking a balance between liberty and security.

In Hunt for 'Spy Snowden,' Is US Losing More Than Secrets?

Ambassador Muhamed Sacirbey | Posted 09.07.2013 | World
Ambassador Muhamed Sacirbey

Has the rush to apprehend Snowden sacrificed U.S. standing as champion of the politically oppressed and the rule of law?

Speak Up With Jimmy: Victory Rally for Supreme Court Gay Marriage Rulings (VIDEO)

Jimmy Nguyen | Posted 08.27.2013 | Gay Voices
Jimmy Nguyen

Rally attendees, including incoming Los Angeles city controller Ron Galperin, discuss their joyous reactions to the rulings and the return of same-sex marriage rights in California.

How Full Is That Glass? Reflecting on Voting Rights, Employment Discriminiation and Gay Marriage

Peter M. Shane | Posted 08.26.2013 | Politics
Peter M. Shane

In the Windsor and Perry cases, the Court has given Americans much to cheer. The Court has also left much, however, to a political process that the Court has befouled by taking the side of state rights against actual democracy.

Affirmative Action and the Future

Geoffrey R. Stone | Posted 06.25.2013 | Politics
Geoffrey R. Stone

We encourage universities to more fully document the factual necessity of their plans and the reasons why some limited consideration of race in a holistic review process is the only practical way to achieve the diversity they think necessary to serve compelling educational interests.