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Fourteenth Amendment

Can the US Seize Would-Be Jihadis' Passports?

Peter Van Buren | Posted 12.14.2014 | Politics
Peter Van Buren

The idea of limiting an American citizen's travel proactively, on the assumption that she or he will end up fighting with ISIS based on documents or web postings, scrapes at liberty, even if the tools are there and it is legal to use them.

Black Dolls, White Dolls and the Desegregation of America's Public Schools 60 Years Ago

Blain Roberts | Posted 07.19.2014 | College
Blain Roberts

Racialized conceptions of beauty played an unappreciated role in establishing that segregated schools violated the Fourteenth Amendment's equal protection clause.

SCOTUS Seeks to Avoid Overly Burdening Police, Roommates With Warrant Requirements

Andrew Woodman | Posted 04.28.2014 | Politics
Andrew Woodman

The problem is that the Court sees a warrant as a burden to the police rather than as a protection to the defendant. Civil liberties are about protecting the accused from an overbearing and significantly more powerful police force. So what does this mean?

Constitution Is Not a Suicide Pact

Charles J. Reid, Jr. | Posted 01.23.2014 | Politics
Charles J. Reid, Jr.

The Republican tea party caucus say they wish to negotiate. They propose to defund the Affordable Care Act as their price. But the democratic process has spoken. The Affordable Care Act is the law of the land.

Iowa Gun Law Places Us All in the Crosshairs

Warren J. Blumenfeld | Posted 01.23.2014 | Politics
Warren J. Blumenfeld

It makes about as much sense to grant the right of a person with significant visual limitations to own a gun as it does for us to drive a Mack Truck!

Fifteen Minutes of Fame and the First and Fourteenth Amendments

David Abbitt | Posted 10.22.2013 | Media
David Abbitt

At some point we have to ask ourselves: What are the costs for our increasing proclivity towards escapism in our social and news media?

Stopping and Frisking... Cops

Norm Stamper | Posted 08.13.2013 | Crime
Norm Stamper

You cannot, by law or department policy, stop and question people without a reasonable suspicion that they have committed, are committing, or are about to commit a crime, nor can you pat them down without a reasonable suspicion that they are armed and presently dangerous.

The Death Penalty Is Premeditated, Unconstitutional Murder

Michael Shammas | Posted 08.13.2013 | Crime
Michael Shammas

The Supreme Court got it right in 1972. The death penalty does violate the Constitution, because it is cruel and unusual punishment. And here's why.

The Home Run That Ended Everything

Tom Cramer | Posted 08.09.2013 | Fifty
Tom Cramer

The official name of the organization was Oak Lawn Baseball for Boys. For a long time, that was a perfectly acceptable name. I believe it was in 1975 when that name became quite controversial.

GOP Leader Kills Official State Religion Bill

The Huffington Post | John Celock | Posted 04.08.2013 | Politics

The Republican speaker of the North Carolina House of Representatives killed legislation on Thursday that aimed to establish an official state religio...

It's Not a Mystery When State Laws Prohibiting Same-Sex Couples From Marrying "Became Unconstitutional"

Elizabeth B. Wydra | Posted 05.26.2013 | Politics
Elizabeth B. Wydra

It may have taken us 100 years to get it right with respect to race-restrictions on the freedom to marry, but it doesn't mean those laws weren't unconstitutional in 1868. The same is true, nearly 150 years after the ratification of the Fourteenth Amendment, for laws that deny gay and lesbian couples the freedom to marry.

Trash-Talking America

William E. White | Posted 05.26.2013 | Politics
William E. White

If we ever hope to sponsor a productive debate in this country, we will have to spend as much time listening as we do talking. Grandstanding, posturing, and trash-talking the country is not helping.

The Constitutional Case for Marriage Equality

Doug Kendall | Posted 04.30.2013 | Gay Voices
Doug Kendall

For us, marriage equality cases aren't a matter of politics or ideology; they are a fight for the true meaning of one of America's most sacred constitutional rights.

Friday Talking Points -- Time to Dust Off the 14th Option

Chris Weigant | Posted 03.13.2013 | Politics
Chris Weigant

There are times, when writing about the political world, when it is impossible not to feel like I am trapped inside a Jonathan Swift satire. This is one of those times. Real life and farce blur into one, and we all pretend this is normal. Sigh.

A Colorblind Spot in the Fourteenth Amendment?

Alex Glashausser | Posted 03.09.2013 | Politics
Alex Glashausser

Justice Thomas himself would not even be able to follow his stated preference for hiring clerks with an attribute nowhere mentioned in the clause: a degree from a non-Ivy League school. So what then does "equal protection" mean?

Friday Talking Points -- So Delightful

Chris Weigant | Posted 02.06.2013 | Politics
Chris Weigant

Well, the weather outside is not exactly frightful (it's a nice day where I live), but watching the politics of the week was certainly "so delightful." So many blowhards, so little time! "Let them blow, let them blow, let them blow!"

The Means Are All Important

Mike Edwards | Posted 02.06.2013 | Politics
Mike Edwards

They believe America really will be better off in a very fundamental way if their candidate wins. When held against that, what is the harm in a few inconvenienced voters? Except there is a reason that cheating is bad.

The Last Word on the Debt Ceiling

Alex Glashausser | Posted 08.19.2012 | Politics
Alex Glashausser

As Congress once again threatens to hold the nation's credit rating hostage by refusing to lift the debt ceiling, the president need not play the victim. He should take the lead by ignoring the ceiling and heeding only the legislature's last word: spend.

The Curious Case Of Trayvon Martin: Justice Miscarried And Other Crimes Of Consciousness

Bishop T.D. Jakes | Posted 05.22.2012 | Religion
Bishop T.D. Jakes

"He killed my son." Words no father should ever utter, and yet that these words hang in the atmosphere over Sanford, Fla., like humidity on a dank summer's eve; like an echo unanswered, demanding recompense.

Immigration 'Linsanity'

David Leopold | Posted 04.20.2012 | Politics
David Leopold

Lin might not be playing for the Knicks, or for any other team in the NBA, if the anti-immigrant restrictionists had their way.

Choosing Faith Over Freedom

Roy Speckhardt | Posted 01.05.2012 | Religion
Roy Speckhardt

Government sponsorship of religion runs afoul of the First Amendment and should be strongly rejected by our legislature and our judicial system.

Forget Compromise: The Debt Ceiling Is Unconstitutional

Ellen Brown | Posted 10.01.2011 | Politics
Ellen Brown

Future debt ceiling crises can be averted by enforcing the Fourteenth Amendment, which mandates that the government pay its debts already incurred, including pensions. That means Social Security.

Friday Talking Points -- In The Darkest Depths of Mordor

Chris Weigant | Posted 09.28.2011 | Politics
Chris Weigant

If I were a hobbit, right about now I would be wondering just how the heck I wound up at the center of this Washington intraparty political fight, personally.

What the President Should Say If Congress Misses the Debt Ceiling Deadline

Peter M. Shane | Posted 09.27.2011 | Politics
Peter M. Shane

My Fellow Americans: Today, for the first time in American history, the Congress of the United States has effectively prohibited the government fr...

Congress' Real Deadline: Summer Vacation

Chris Weigant | Posted 09.26.2011 | Politics
Chris Weigant

It's a pretty safe bet that the issue will (at least temporarily) be resolved by the fifth of August, at the absolute latest. Bank on it. The reason for such certainty is a simple one.