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Constitutional Law

Amanda Terkel

The Federalist Society: Where Are They Now? | Amanda Terkel | Posted 05.25.2011 | Politics

WASHINGTON -- The Federalist Society is one of the most powerful and unique organizations in the conservative orbit, describing itself as "a group of ...

Does the Tea Party Take the Constitution Seriously?

John Paul Rollert | Posted 05.25.2011 | Politics
John Paul Rollert

The Supreme Court building is the Yankee Stadium of constitutional interpretation, and Tea Party members have been waving our founding document for a while now.

The Mosque, the Nazis and Martin Luther King

Geoffrey R. Stone | Posted 05.25.2011 | Politics
Geoffrey R. Stone

The dispute over the mosque is a lot like a hypothetical German-American march. Just as it would be wrong to treat all German-Americans as if they are Nazis, so too is it wrong to treat all Muslims as if they support terrorism.

Porteous Takes On Water

David O. Stewart | Posted 05.25.2011 | Politics
David O. Stewart

Professor G. Calvin McKenzie of Colby College was the last witness in the trial to impeach District Judge G. Thomas Porteous of New Orleans. But the episode demonstrated how impeachment trials are so very different from regular trials, and just how dim Judge Porteous' prospects are.

Constitution Day: Celebrate The Birth Of America With A New Illustrated Constitution (PHOTOS)

Lena Tabori | Posted 05.25.2011 | Books
Lena Tabori

The words are from our founding fathers. But the illustrations are all Sam's. He is ninety-four now and his passion for freedom is unabated. To him, the Constitution epitomizes the unique American attachment to freedom.

Jason Linkins

David Paterson's Mosque Compromise: Bizarre, Unnecessary, Unconstitutional | Jason Linkins | Posted 05.25.2011 | Politics

Yesterday, New York Governor David Paterson injected himself into the strange debate over the Cordoba House community center (a.k.a. the "Ground Zero mosque") with a novel proposal. If the people behind the community center agree to move their facility somewhere else in New York City, the state would be happy to pay for it. My first reaction to this plan -- besides how deeply cowardly it is -- was basically: "Wow! That sure sounds like it would be crazy unconstitutional!"

Dear Tom, the 14th Amendment Has Come Before the Supreme Court

Philip Wolgin | Posted 05.25.2011 | Politics
Philip Wolgin

As anyone who has studied the history of immigration or basic constitutional laws knows, the very idea of granting citizenship to those born on U.S. soil came from a Supreme Court decision in 1898, Wong Kim Ark.

The DOMA Supreme Court Question: Do the Conservatives Really Care About States' Rights?

Kent Greenfield | Posted 05.25.2011 | Politics
Kent Greenfield

A federal judge in Boston has ruled unconstitutional the portion of the Defense of Marriage Act (DOMA) that limits federal benefits to straight couples even in states that recognize gay marriage.

Law Podcast Series: American Constitution Society, UNL

Marvin Ammori | Posted 05.25.2011 | Politics
Marvin Ammori

An announcement: the University of Nebraska College of Law's American Constitution Society is introducing a law-interviews podcast series. The target audience is law students, lawyers, and legal academics. Tell your friends. Tell your lawyer.

June 15: King John Signs Magna Carta

Sophie Pollitt-Cohen | Posted 05.25.2011 | Comedy
Sophie Pollitt-Cohen

Many people, especially those who write articles on this subject for Wikipedia, would say the Magna Carta is the most influential and important foundation of constitutional law.

Judge: Dad Can Take Jewish Daughter To Catholic Church

Posted 05.25.2011 | Chicago

A high-profile divorce case was resolved by a Cook County judge Tuesday, as a man who claims he returned to his Catholic roots after divorcing a Jewis...

The Porteous Articles

David O. Stewart | Posted 05.25.2011 | Politics
David O. Stewart

The Senate's "trial by committee" process is unconstitutional and unfair. But the four impeachment articles against District Judge G. Thomas Porteous of New Orleans raise important constitutional questions.

Reproductive Fraud? Sham Pregnancy Centers Face Pushback

Jacob M. Appel | Posted 05.25.2011 | Politics
Jacob M. Appel

It's increasingly difficult to figure out which of the numerous organizations claiming to offer "reproductive health services" actually provide termination referrals and which are merely sham clinics established by right-wing religious activists.

George Will's War on Birthright Citizenship and His Own Constitutional "Principles"

Jonathan Weiler | Posted 05.25.2011 | Politics
Jonathan Weiler

George Will's column in Sunday's Washington Post argues that there is solid basis for denying birthright citizenship to children born in the United States of illegal immigrants.

The Founding Fathers' "Individual Mandate"

Adam Winkler | Posted 05.25.2011 | Politics
Adam Winkler

The founding fathers adopted the first "individual mandate" back in 1792. It required individuals to outfit themselves with guns and ammunition, even if they had to buy those items from private sellers.

Atheist Activist Threatens To Sue The State Over Money For Giant Cross

Posted 05.25.2011 | Chicago

A Christian group in southern Illinois attempting to restore one of the largest crosses in the Western hemisphere is being challenged by a Chicago-are...

Joseph Reyes: Dad Faces Jail For Taking Daughter To Church (VIDEO)

Posted 05.25.2011 | Chicago

Joseph Reyes, who baptized his 3-year-old daughter without his ex-wife's permission, could see jail time after a Cook County judge granted his ex a te...

New Irish Blasphemy Law Undermines Free Speech

Rory Fitzgerald | Posted 05.25.2011 | Home
Rory Fitzgerald

On Jan. 1, a controversial blasphemy law came into force in Ireland and immediately became a matter of international concern. Pakistan and the Organi...

Marriage Rights Should Not Be Determined By Popular Opinion

Fred Silberberg | Posted 05.25.2011 | Politics
Fred Silberberg

Allowing marriage to become the subject of a popular opinion poll, as has taken place in this country, disturbs the very principles upon which this nation was founded.

The Imperial Presidency

Gary Hart | Posted 05.25.2011 | Politics
Gary Hart

Statements by the administration that the president may be considering picking and choosing among provisions of laws passed by Congress, like Bush, are disturbing.

Why Health Care Reform May Kill the USA

Steven G. Brant | Posted 05.25.2011 | Politics
Steven G. Brant

My waking nightmare was prompted by House Minority Leader John Boehner's appearance on the PBS NewsHour Thursday night. Why is he speaking so positively of "rebellion"?

A "Person of Interest" Can't Be Arrested

Alan Dershowitz | Posted 05.25.2011 | Politics
Alan Dershowitz

If Raymond Clark III was in fact taken away in handcuffs and compelled to go to the police station in connection with the Yale murder case, he was arrested. But in order to be arrested, there must be probable cause.

Big Sky Dilemma: Must Doctors Help Their Patients Die?

Jacob M. Appel | Posted 05.25.2011 | Politics
Jacob M. Appel

Mandating that physicians aid in dying should be a last resort. Montana should explore other, less-invasive means of ensuring that all citizens are guaranteed their constitutional right to die.

Torture and the Problem of Constitutional Evil: The Way Forward

Howard Schweber | Posted 05.25.2011 | Politics
Howard Schweber

I have no hesitation in asserting that Judge Bybee should be subjected to impeachment proceedings, and that Bybee, Yoo, Addington et al. should face disbarment proceedings.

Victory For Blago and Burris is Imminent

Jeff Norman | Posted 05.25.2011 | Politics
Jeff Norman

Reid expressed willingness to negotiate. But when he and Burris meet, it is Burris who will be in the stronger position, Reid who must yield lest his illicitness become too apparent to the public.