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US Constitution

The Constitution's Keystone: Why Our Independent Judiciary Was No 'Afterthought'

Evan Bernick | Posted 06.14.2016 | Politics
Evan Bernick

According to many observers, the Supreme Court is struggling to do its job. It is "diminished," "hobbled," perhaps even "crippled."

Donald Trump, Professor Tushnet and the Incredible Disappearing Rule of Law

Evan Bernick | Posted 06.09.2016 | Politics
Evan Bernick

We must thoroughly understand the rule of law, we must rehabilitate areas of our jurisprudence that deprive us of lawful rule and we must insist that judges are duty-bound to ensure that the reason in our law is not trumped by mere will.

The Menace of Arbitrary Power and the Duty of Judicial Engagement: A Further Reply to Greg Weiner

Evan Bernick | Posted 05.27.2016 | Politics
Evan Bernick

There is no question of more pressing and fundamental importance to modern American constitutional law: Is it proper for judges to broadly and systema...

Dear Department of Justice: The Constitution Does Not End at the Schoolhouse Doors and Plessy v. Ferguson Was Overturned - Right?

Gwen E. Samuel | Posted 05.25.2016 | Black Voices
Gwen E. Samuel

Black, Brown and poor communities across the United States deserve your commitment to "ensure fair and impartial administration of justice for all Americans," this includes ensuring equity in education because the constitution does not end at the school house door and you do know Plessy v. Ferguson was overturned, right!

Equality, Empowerment, Unity -- Bring Back the Draft

Jim Treacy | Posted 05.25.2016 | Politics
Jim Treacy

Today, it seems to be all about self. What can my country do for me: A long list of "I want" -- presumed entitlements, as rights, by virtue of American birth. The "home of the free and land of the brave" lost to narcissistic death spiral.

What Is So Awful About Donald Trump?

William Astore | Posted 05.23.2016 | Politics
William Astore

Put simply, Trump's prejudicial attitudes toward women, minorities, and other groups or peoples he doesn't like don't mark him as exceptional, nor does his record of flip-flops on issues, as the American people have come to expect that politicians are basically liars.

If We Believe in the American Promise, Time for the 28th Amendment

Jeff Clements | Posted 05.18.2016 | Politics
Jeff Clements

Citizens United and its money-dominated "marketplace" political system frames a national conflict between two irreconcilable Constitutional values: principles of wealth-based representation and corporatism versus principles of human freedom and equal citizenship.

This Precedent Must Not Stand: Thoughts on the Crisis Over the Supreme Court Vacancy

Andy Schmookler | Posted 05.16.2016 | Politics
Andy Schmookler

As the Senate's conduct has placed us in new territory, the system should be open to breaking new ground in how the Constitution should be applied. There's a new question that might admit of a new answer.

How Obama Can Break the Impasse on the Supreme Court Vacancy

Andy Schmookler | Posted 05.14.2016 | Politics
Andy Schmookler

The Constitution is being abused. Attention must be paid.

Why the Paris Climate Agreement Is a Treaty

Young Professionals in Foreign Policy | Posted 05.11.2016 | Politics
Young Professionals in Foreign Policy

For all the applause for the Paris Climate Agreement, current treatment of the agreement is almost certainly a violation of the treaty clause of the U.S. Constitution.

Derailing Self-Interested Regulation: Federal Appeals Court Denies Amtrak Power Over Competition

Evan Bernick | Posted 05.06.2016 | Politics
Evan Bernick

It is hardly unusual to find government power in the hands of regulators who have the opportunity and the incentive to use that power solely to benefit themselves. But that doesn't mean that judges should rubber-stamp such arrangements when their constitutionality is challenged in court.

The GOP Has Assaulted Our Constitutional System

Andy Schmookler | Posted 04.29.2016 | Politics
Andy Schmookler

The Republican Party most loudly proclaims its deep allegiance to our founding document. Yet in recent years, the leaders of the GOP have engaged in an assault on our constitutional system in ways unprecedented in American history:

Supreme Court Strikes Blow for Free Speech -- and Against Arbitrary Government

Evan Bernick | Posted 04.28.2016 | Politics
Evan Bernick

What the Court does in speech cases -- namely, engage in a genuine effort to identify government officials' true ends and assess their propriety -- it can and should do in all constitutional settings.

Judging Judicial Nominees

Evan Bernick | Posted 04.26.2016 | Politics
Evan Bernick

It is easy to be cynical about what has become an ugly partisan fight over Judge Garland's nomination. But the confirmation process can serve a valuable educational function.

Are Microsoft and Apple Defending Our Constitution?

Mark Weinstein | Posted 04.25.2016 | Technology
Mark Weinstein

Remember King George III? If not, thanks to Broadway, we can stream his tunes on the sublime "Hamilton" soundtrack for a little recall. Of course that...

'The Advocate's Daughter,' A Conversation with Anthony Franze

Mark Rubinstein | Posted 04.25.2016 | Books
Mark Rubinstein

Photo: Minotaur Books Anthony Franze has received praise for his work as an attorney, handling cases before the Appellate and Supreme Courts. Both th...

There Is No Fix For the Military Commissions

Daphne Eviatar | Posted 04.21.2016 | World
Daphne Eviatar

The problem with the Guantanamo military commissions is not the defendants' right to appear at hearings in their own trial. It's that the government keeps meddling in the cases in such cockamamie ways that they have to adjourn for months at a time while the lawyers scramble to figure out how to respond. And that's just the tip of the iceberg.

Supreme Court to Decide Whether States Can Make You Leave Your Fourth Amendment Rights at the DMV

Evan Bernick | Posted 04.20.2016 | Politics
Evan Bernick

Can states make you abandon your Fourth Amendment rights if you want to enjoy the "privilege" of driving? That's the question at the heart of one of the most consequential cases that the Supreme Court will decide this term, in terms of practical impact upon ordinary Americans.

Democratize the Electoral System!

Warren J. Blumenfeld | Posted 04.18.2016 | Politics
Warren J. Blumenfeld

The principle of "one person, one vote" rings out upon the U.S.-American landscape as an essential and central unifying element of our great democracy, but one which, unfortunately, merely resounds as an ideal rather than as the reality.

The Constitution as a Code of Honor

Peter M. Shane | Posted 04.05.2016 | Politics
Peter M. Shane

It would probably delight the late Justice Antonin Scalia to know that the fight over his successor was generating constitutional controversy. Indeed, like many controversies that Justice Scalia fueled, this one concerns not only the implications of particular clauses, but the very nature of constitutional law.

Call It What You Want, but Don't Call It Christian

Michael Jinkins | Posted 03.30.2016 | Religion
Michael Jinkins

There are those who claim that their intolerance, their bigotry, their hatred, even their violence is somehow justified by their Christian faith. You can call it many things when neighbor rises against neighbor in fear, hatred and violence, but you can't call it "Christian."

The Founding Fathers and Donald Trump: A Reply to Peter Wehner

Eoin Higgins | Posted 03.25.2016 | Politics
Eoin Higgins

The founders, and especially Madison, intentionally devised an authoritarian system of government. And the only kind of demagogues they feared were the kind that came from the bottom up.

Judicial Restraint Cannot Restrain the Administrative State

Evan Bernick | Posted 03.24.2016 | Politics
Evan Bernick

The nomination of Judge Merrick Garland to the Supreme Court has stimulated a number of important debates about the future of the Court and about judicial philosophy. Among those debates: Just what does it mean for a judge to be "restrained," and is "judicial restraint" a virtue or a vice?

New Jersey is Pushing Unconstitutional Anti-BDS Legislation Because No more Plausible Deniability

Yolanda Rondon | Posted 03.21.2016 | Impact
Yolanda Rondon

The Boycott, Divestment, and Sanctions (BDS) movement is a non-violent political protest against Israel's policies and practices that violate the huma...

Senate GOP Disses American Voters

Leo W. Gerard | Posted 03.21.2016 | Politics
Leo W. Gerard

The majority party in the Senate is saying it doesn't acknowledge that Barack Obama is the legitimate, twice-elected U.S. president with the right and duty under the U.S. Constitution to nominate justices to fill vacancies on the high court.