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Constitutional Law

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 02.02.2016 | Queer 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.

Springfield's Lesson for Chief Justice Roberts

Anthony Michael Kreis | Posted 02.02.2016 | Queer Voices
Anthony Michael Kreis

It is a matter of if and not when the freedom to marry will prevail in Illinois. However, this week Springfield reaffirmed that the country in which we live is a far cry from a place where politicians are "falling over themselves" to stand for same-sex couples' equality.

Justice Scalia, "Originalism" and Homosexuality

Geoffrey R. Stone | Posted 04.17.2013 | Politics
Geoffrey R. Stone

The same reasoning that leads Justice Scalia to conclude that the Framers' ignorance of cell phones and the Internet doesn't resolve questions about "the freedom of speech" should also lead him to the Framers' ignorance about the nature of sexual orientation. If one is going to be an "originalist," at least one should be consistent about it.

John Celock

GOP Governor Signs 'Strictest' Pro-Gun Law

HuffingtonPost.com | John Celock | Posted 04.17.2013 | Politics

Kansas Gov. Sam Brownback (R) on Tuesday signed what is being called the nation's most pro-Second Amendment law, but one that could face constitutiona...

Why Arizona's Bathroom Bill Is Unconstitutional

Brynn Tannehill | Posted 02.02.2016 | Queer Voices
Brynn Tannehill

Last night the Arizona House Appropriations Committee passed a new version of the notorious "Bathroom Bill." It isn't hard to see how this bill has potential for extreme abuse.

John Celock

States Seek Constitutional Convention

HuffingtonPost.com | John Celock | Posted 03.26.2013 | Politics

At least three states are seeking to force a constitutional convention to consider changes to the founding document. Indiana, Georgia and Kansas h...

Roe at 40!

Geoffrey R. Stone | Posted 03.24.2013 | Politics
Geoffrey R. Stone

Roe v. Wade was a triumph of American constitutional law. It changed the world in a fundamental way. Those who wish that Roe had never been decided would return us to a world of gender oppression, back-alley abortions and personal degredation.

Lincoln and the Founding of America's Second Republic

Nathan Newman | Posted 02.10.2013 | Politics
Nathan Newman

For all that some conservative members of the Supreme Court talk about "original intent" in the words of the Constitution, remarkably little attention is paid to the intent of those who refounded this nation in the wake of the Civil War. 

Some Ideas to Limit the 'Supremacy' of the U.S. Supreme Court

Eric Black | Posted 01.27.2013 | Politics
Eric Black

As I wrap up the judiciary portion of my extended rant about the imperfections in our system, I thought I would list a few of the ideas that have either been suggested or even demonstrated around the world.

Reclaiming Right to Life From the Right Wing

Lisa Kaas Boyle | Posted 12.29.2012 | Politics
Lisa Kaas Boyle

Right to Life should mean access to health care. The right-wing supports birth, but not health care for all as right of citizenship. Priority number one of a Romney administration is to repeal Obamacare.

Why Don't Women Raise Their Hands More?

Rachel Dempsey | Posted 11.17.2012 | Women
Rachel Dempsey

My law school class is somewhere around 50% women. So why don't us ladies just get over it and speak up?

All Hail the Sixteenth Amendment!

Nathan Newman | Posted 08.28.2012 | Politics
Nathan Newman

All hail the Sixteenth Amendment and the progressive movement that led to its passage, which in turn made Obamacare's victory at the Supreme Court possible.

A Crucial, Unlearned Lesson From Julius Caesar

Salon | Glenn Greenwald | Posted 05.08.2012 | Politics

In 63 B.C., Julius Caesar delivered a speech to the Roman Senate in which he conveyed a crucial point, one highly relevant to many of our current cont...

Health Insurance and Strip Searches: The Public as Constitutional Thinkers

Peter J. Woolley | Posted 06.05.2012 | Politics
Peter J. Woolley

Only small segments of the public pay substantial, sustained attention even to high-profile cases like this one, never mind the particulars of the full reach of the interstate commerce clause, or whether requiring health insurance is akin to mandating consumption of broccoli.

What President Obama Should Have Said About the Supreme Court and the Affordable Care Act

Eric Segall | Posted 06.05.2012 | Politics
Eric Segall

A Court decision to overturn the individual mandate would be inconsistent with precedent dating all the way back to 1824, and would represent an effort by the Justices to inject themselves into the political and policy debates surrounding our health care problems.

Retrograde SCOTUS

Cody Pomeranz | Posted 06.01.2012 | College
Cody Pomeranz

These justices have implied that there is a need for a limiting principle, that the Constitution requires it. This is not the case.

The Disappointing Supreme Court Argument

Howard Foster | Posted 05.28.2012 | Politics
Howard Foster

The Supreme Court argument over the constitutionality of the Obama health care law has been more like a legislative argument between liberal and conservatives than a constitutional one.