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Constitution

In Harm's Way in 2014

Stephen Herrington | Posted 09.07.2014 | Politics
Stephen Herrington

Why does anyone still believe that the GOP is the better party to deal with economic issues when it is at their hands that the economy was ruined in 2008 and it is by their obstructive hands that the economy remains deliberately unrepaired to this day?

Understanding the Supreme Court's Abortion-Protest Decision

Geoffrey R. Stone | Posted 08.27.2014 | Politics
Geoffrey R. Stone

In a very general sense, in evaluating the constitutionality of law restricting speech, the Court has drawn an important distinction between laws that restrict speech because of its message ("content-based" laws) and laws that restrict speech without regard to its message ("content-neutral" laws).

One Court, Indivisible, Votes Liberty and Justice For All

Robert Scheer | Posted 08.25.2014 | Politics
Robert Scheer

This week's unanimous Supreme Court decision affirming a robust Fourth Amendment protection for cellphone data is an enormously important victory for privacy rights in the digital age.

Amend the 13th Amendment

Rick McDaniel | Posted 08.20.2014 | Politics
Rick McDaniel

I was in a recent meeting when Prison Fellowship president Jim Liske quoted it. I couldn't believe it but then I read the 13th Amendment and there it was..

'Corporate Religion' Threatens Everyone

Ron Fein | Posted 08.17.2014 | Politics
Ron Fein

What religion does ExxonMobil observe? How about Cargill, or Ford? If the question seems absurd, that's because it is -- corporations don't have religions. But try telling that to Conestoga Wood Specialties.

Return of the Weasels

Marian Wright Edelman | Posted 08.13.2014 | Politics
Marian Wright Edelman

America is still struggling to live up to its creed enunciated in the Declaration of Independence and overcome its huge birth defects built into the implementation of our political and economic system.

The Tragic Results of Complacency, Wishing, Hoping & Praying Is More Dead Children

Jon Hotchkiss | Posted 08.13.2014 | Politics
Jon Hotchkiss

Anyone who tells you the words of the constitution are immutable... is a liar. Anyone who tells you that if the constitution gives an American a "right," there is absolutely nothing that the government can do to take it away, is also a liar.

The Impotent Plenipotentiary

Alex Glashausser | Posted 08.13.2014 | Politics
Alex Glashausser

Just as Scalia will never be an unborn widow, he appears unlikely--regardless of any (en)treaties--to assume the role of legal doctrine's most indispensable character: the reasonable person.

These Lawmakers Want To Revise The U.S. Constitution

AP | By TOM LoBIANCO | Posted 08.12.2014 | Politics

INDIANAPOLIS (AP) — A small but determined group of state lawmakers from some 30 states gathered in Indiana Thursday to lay the groundwork for somet...

Information Overload

William E. White | Posted 08.05.2014 | Education
William E. White

We can educate our children by rote, but we will surely lose the future unless we embrace our enlightenment heritage of reason, logic, and innovation.

Foggy Points of View on Bergdahl

Chris Weigant | Posted 08.04.2014 | Politics
Chris Weigant

What at first seemed very clear-cut almost instantly became clouded in fog. This fog may clear some when the Army makes a formal statement about the circumstances of Bergdahl's capture by the Taliban, but until that point the speculation is running pretty wild.

The Juror Voices Project

Andrew Guthrie Ferguson | Posted 08.04.2014 | Politics
Andrew Guthrie Ferguson

Every year millions of Americans are summoned to jury service. Yet, no organized, centralized space exists to collect or share what jurors think about this experience. Juror voices are lost. And, this is a loss for the court system and American democracy.

Come As You Are

Robin Koerner | Posted 08.04.2014 | Politics
Robin Koerner

Bizarrely, I found myself last weekend sharing a stage with Nirvana's bassist, Krist Novoselic, which, absent context, anyone who knew me when Nirvana was changing the musical world would say is just about the least likely thing that could ever happen to me.

Mr. Xi Jinping, Please Respect Tank Man's Memory!

Christophe Deloire | Posted 08.03.2014 | Politics
Christophe Deloire

Do you remember the man who stopped a column of 17 tanks on Beijing's Avenue of Eternal Peace in June 1989, the day after the bloody crackdown on the Tiananmen Square protests?

Bullets, Ballots and Bullies

David Katz, M.D. | Posted 07.29.2014 | Politics
David Katz, M.D.

If there is anyone who would still advocate for unimpeded access to guns for all on the basis of ideology despite such an extreme (and admittedly absurd) epidemiology, there are names for it. The kinder designation is fanaticism.

Who Will Be the First?

Judith E. Schaeffer | Posted 07.22.2014 | Gay Voices
Judith E. Schaeffer

Since December, when U.S. District Judge Robert Shelby declared that Utah's refusal to allow same-sex couples to marry is unconstitutional, similar rulings by judges in other states across the country have been coming fast and furious.

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.

Dick Cheney Accuses Obama Of 'Ignoring The Law'

The Huffington Post | Ashley Alman | Posted 05.20.2014 | Politics

Former Vice President Dick Cheney has never been shy with his criticism for President Barack Obama, and a Monday conversation with conservative radio ...

Brown v. Board of Education at 60

Joel K. Goldstein | Posted 07.19.2014 | Politics
Joel K. Goldstein

Supreme Court decisions are important not only for what they decide but for the reasoning that produces or explains the ultimate result. That is particularly important in iconic decisions such as Brown v. Board of Education, decided 60 years ago.

Treating Death Row Inmates like Disposable Guinea Pigs is Unconstitutional

Michael Shammas | Posted 07.16.2014 | Crime
Michael Shammas

When faced with cruel and unusual crimes, our natural reaction is to demand cruel and unusual punishment. The problem is that even if this sentiment were morally correct, it is legally incorrect.

What UKIP Must Learn from the American Liberty Movement

Robin Koerner | Posted 07.14.2014 | Politics
Robin Koerner

If UKIP really is a "libertarian" party (and the jury is very much still out), and wishes to benefit from the inherent popularity of liberty, then it must prove it.

The Delusional Freedom Fighter

Brandon L. Greene | Posted 07.06.2014 | Black Voices
Brandon L. Greene

This kind of total reboot doesn't come from turning jerseys inside out, nor from a massive boycott. The question is what does the change come from? How do we get there? Unlike with a computer, we can't just wipe the system clean and start over.

Smartphones and Befuddled Justices

Bennett L. Gershman | Posted 07.01.2014 | Technology
Bennett L. Gershman

It's pretty clear that once the police lawfully have gained control of a smartphone, the police would be able to inspect the contents stored in the phone. The big question is whether they need a warrant to examine the contents.

'My Whole Body Is Burning': Double Execution in Oklahoma

Diann Rust-Tierney | Posted 06.29.2014 | Politics
Diann Rust-Tierney

There will be some who will say, what does it matter? People on death row deserve whatever they get. But it matters whether the state of Oklahoma follows its own laws, let alone the U.S. Constitution, when it seeks to impose the most severe punishment imaginable.

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.