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Federalism

Fixing Illinois' Unconstitutional Mandatory Life Without Parole Sentencing for Juveniles

Jeanne Bishop | Posted 05.16.2013 | Chicago
Jeanne Bishop

It's May now, and the Illinois legislature has already taken up measures to try to fix the concealed carry law. The fix on juvenile life sentences? Still waiting.

DOMA Likely Going Down, With Or Without Strong Precedent

Paul Hogarth | Posted 03.28.2013 | Gay Voices
Paul Hogarth

DOMA clearly violates equal protection, but the Supreme Court could repeal it on more technical grounds, ruling either that House Republicans lack standing to defend it, or that it is an attack on states' rights. But either of these less desirable outcomes would still be a victory for marriage equality.

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...

Will It Play in Peoria? The Importance of Respecting the Will of the Voters With Marijuana Laws

Amanda Reiman | Posted 02.10.2013 | Politics
Amanda Reiman

In 2012, there is no "average" American citizen, and laws should reflect the diversity and homogeneity that our society has become.

Remaking Federalism: Now Is the Time

Mark Muro | Posted 01.21.2013 | Politics
Mark Muro

Though Washington is fixated this month on the so-called "fiscal cliff," that manufactured face-off is a bit of a side-show. Far more disturbing is a deeper array of fundamental structural problems of federal governance, of which "Taxmageddon" is just a surface manifestation.

Roberts May Have Voted to Uphold the Affordable Care Act, But His Maneuver Protects His Conservative Agenda

Mitchell Bard | Posted 08.28.2012 | Politics
Mitchell Bard

The Court's decision has resulted in a steady flow of excited, congratulatory proclamations from those who support health care reform. I wish the story was as uniformly positive as it seems.

EURO PEONS

Miller Hudson | Posted 08.15.2012 | Denver
Miller Hudson

Presuming a uniformity of social circumstances and economic opportunity when they do not exist, and cannot be enforced, inevitably leads to peonage for some and riches for others.

Marriage Equality: Our Rights Are Not Up for Debate!

Warren J. Blumenfeld | Posted 07.11.2012 | Gay Voices
Warren J. Blumenfeld

While many of our political leaders debate issues of marriage equality, I do not believe that the rights of minoritized people should be up for debate and should be settled on in the voting booth.

Constitution Check: Can a State Close Its Borders Entirely to Undocumented Immigrants?

Lyle Denniston | Posted 07.01.2012 | Politics
Lyle Denniston

It may be that, when the Supreme Court rules on state power to monitor and restrict the activities of people who have entered the U.S. illegally and remain without permission, the Justices will give states additional authority. But it seems doubtful.

Counting to Five for S.B. 1070

Lyle Denniston | Posted 04.26.2012 | Politics
Lyle Denniston

It seems likely that the final ruling will not emerge until late June -- no doubt, placing it in the midst of the federal election campaign already in progress.

The Court, the Constitution and the 2012 Campaign: Act III

Lyle Denniston | Posted 06.23.2012 | Politics
Lyle Denniston

The Supreme Court turns its attention this week to the emotional subject of immigration controls. At issue is the constitutionality of a 2010 Arizona law so widely known that its very title -- S.B. 1070 -- seems enough to start a political argument.

A New Progressive Federalism

Heather Gerken | Posted 05.15.2012 | Politics
Heather Gerken

An emphasis on minority rule isn't intended to denigrate the importance of minority rights. It is simply to insist that while rights are a necessary condition for equality, they may not be a sufficient one.

Joy Resmovits

Rick Perry 'Full Of Contradictions' Say Texas Teachers

HuffingtonPost.com | Joy Resmovits | Posted 03.09.2012 | Home

Texas students and teachers went back to school Monday, 10 days after the man they cite as the cause of their schools' funding-related woes announced ...

Joy Resmovits

Back To School In Texas: Scrutiny Of Rick Perry's Education Record Shows Mixed Results

HuffingtonPost.com | Joy Resmovits | Posted 03.09.2012 | Home

Texas Gov. Rick Perry's k-12 education record has become the Obama administration's newest piñata -- but the administration's attacks mostly paint Pe...

Joy Resmovits

Duncan's Waiver Proposal Scales Back Federal Role In Education Standards Enforcement

HuffingtonPost.com | Joy Resmovits | Posted 03.09.2012 | Home

Much has been said about the ineffectiveness of No Child Left Behind, the sweeping, decade-old federal education law that uses student performance on...

Jon Ward

There Is No Tea Party: FreedomWorks CEO On The Movement's Evolution And Its Role In 2012

HuffingtonPost.com | Jon Ward | Posted 08.10.2011 | Politics

WASHINGTON -– One thing is certain. There is no Tea Party. There are only tea parties. In other words, two years after the birth of a new force ...

Don't Tread on Me? Not All States Think Health Care Reform Threatens States' Rights

Elizabeth B. Wydra | Posted 08.07.2011 | Politics
Elizabeth B. Wydra

Contrary to the claims of the state plaintiffs who have sued over federal health care reform, many state leaders think that the Affordable Care Act is not only constitutional -- but also a great step forward for their states and their citizens.

The Founding Fathers Were Not Libertarians

Daniel Cluchey | Posted 05.25.2011 | Politics
Daniel Cluchey

While I strongly disagree with the modern libertarian movement, I understand why my government-averse friends believe the things they believe, as opposed to, say, my friends who are Yankee fans.

Attack Inequality in States Where the Rich Live

David Callahan | Posted 05.25.2011 | Politics
David Callahan

Progressives shouldn't give up on the push to rewrite a federal tax code that has become ever more tilted to the upper class. But there are other fronts in the battle against inequality besides Washington, D.C.

Reforming the Rakyat

Zac Hill | Posted 05.25.2011 | World
Zac Hill

The publication of a single book doesn't guarantee lasting change, of course. But it does demonstrate -- and this is a great leap forward -- that the government is willing to try.

American Democracy (the Lack Thereof)

Van Gosse | Posted 05.25.2011 | Politics
Van Gosse

We are still a partial, blocked, half-way democracy, for the simple reason that our constitutional system incorporates central features intended to frustrate the will of the majority.

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.

Dismiss the Florida Lawsuit: Health Care Reform Law Preserves Constitutional Federalism

Elizabeth B. Wydra | Posted 05.25.2011 | Politics
Elizabeth B. Wydra

Health care reform preserves the states' longstanding role in protecting the health and welfare of their residents and reflects the partnership between the federal government and the states at its best.

The STAND UP ACT is a Big Mistake

Alex Koroknay-Palicz | Posted 05.25.2011 | Politics
Alex Koroknay-Palicz

The STAND UP ACT is a mistake and should be reconsidered. If this bill's supporters believe new drivers need time to ease into driving then this bill should apply to all new drivers, not just new drivers under 18.

Federalism and Its Discontents

Harry Moroz | Posted 05.25.2011 | Politics
Harry Moroz

Instead of embracing the benefits provided by government, in the United States much as in Europe (though for different reasons) fiscal federalism has been endorsed as an economic accelerant rather than a public good.