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“Is It Constitutional, The Civil Rights Act?”: Learning To Live With The...
Freshman U.S. Rep. Ted Yoho (R-FL) has mainly drawn attention as a Tea Party ultra who somehow managed to draw a Tea Party ultra ultra 2014 primary opponent with rather exotic extracurricular...
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“The Constitutional Excuse For Subverting Democracy”: Just Another...
To anyone puzzled or confused about the preferred Tea Party self-identification buzzword “constitutional conservative,” George Will has done a fine job in his latest column spelling it all out, by way...
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“Crossing A Constitutional Line”: Will The Supreme Court Let Florida...
It might seem reasonable that Florida’s governor Rick Scott wants to ensure all state agencies are drug-free workplaces; after all, why would you want your taxpayer money going to support the habit of...
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“On His Extremist Island”: Clarence Thomas Would Turn Back The Clock
In yesterday’s Supreme Court ruling on official government prayers at town-council meetings, Justice Anthony Kennedy wrote the 5-4 decision arguing that such practices are permissible under the First...
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“Unaccountable Power”: Thanks To The Roberts Court, Corporations Have More...
The big media talk a lot about stalemate in Congress, but they are missing the real story. While representative democracy is dysfunctional, the Supreme Court has taken over with its own reactionary...
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“NRA’s Constitutional Fraud”: The Truth Behind The “Right To Bear Arms”
In the wake of the horrific Isla Vista, California, mass killing, Americans have once again engaged the debate over gun proliferation. Victims’ families issue primal cries for regulation of these...
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“Fundamentalist Constitutionalism”: Punctuation Marks, Antonin Scalia, And...
I have no idea whether Supreme Court Justice Antonin Scalia is heading to the beach this summer now that he has made America safe for religious employers to discriminate against their female employees....
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“Gun Laws And What The Second Amendment Intended”: When The NRA Didn’t...
As school shootings erupt with sickening regularity, Americans once again are debating gun laws. Quickly talk turns to the Second Amendment. But what does it mean? History offers some surprises: It...
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“Mr. States Rights In A Political Pickle”: How The Constitution May Screw...
Rand Paul has a little-discussed problem. Yes, he’s riding a wave. Yet another new poll brings happy tidings, putting him at the top of the GOP heap in both Iowa and New Hampshire (although still well...
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“A Revolutionary Committee”: Time For Some Candor From The Supreme Court
In most of the cases it decides, the Supreme Court is what it presents itself as: a court of law. The justices apply preexisting rules and standards set forth, for example, in the Constitution and...
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“An Old Lie Makes A Shameful Comeback”: John Boehner Owes The Public An...
USA Today ran an editorial today on House Republicans’ anti-Obama lawsuit, and the paper was clearly unimpressed, calling it a “political sideshow.” As the paper always does, it then ran a companion...
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“The Right To Peaceably Assemble”: Antonio French Said It Best, ‘Our Civil...
When Antonio French, the St. Louis Alderman who has given us an incredible first-hand account of what is happening in Ferguson through his twitter feed, was released from jail this morning, he told the...
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“The True Bounds Of Executive Authority”: The Possession Of Great Power...
With Congress mired in gridlock, President Obama has vowed to use “a pen and a phone” to accomplish some of his policy goals. Last week, he doubled down by promising to act on one of the nation’s most...
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“Boehner’s Constitution Of Convenience”: Sermonizing Politicians Cannot Meet...
People who live in glass houses shouldn’t throw stones. Especially when your glass house is the House of Representatives. Speaker of the House John Boehner made headlines last month, when he launched a...
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“A Weighty Decision”: Boehner Ready To Punt On ISIS Vote Until 2015
It was Aug. 8, seven weeks ago tomorrow, that President Obama launched U.S. airstrikes on Islamic State targets in Iraq. It was this week when the president expanded the mission to include strikes on...
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“Herein Lies The Problem”: Can Antonin Scalia Actually Read The Constitution?
Antonin Scalia: “I think the main fight is to dissuade Americans from what the secularists are trying to persuade them to be true: that the separation of church and state means that the government...
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“U.S. Citizens Have A Right To Protest, Even In Ferguson”: Rights Not...
Last week, a federal judge told us what we already knew. Namely, that police in Ferguson, Missouri, violated the rights of protesters demonstrating against the shooting death of Michael Brown. U.S....
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“Judging The Supreme Court”: A Disturbing Picture, The Court Is Guilty Of...
After 227 years of history, how should we judge the United States Supreme Court? All of my years of studying, teaching, and practicing Constitutional law have convinced me that the Supreme Court has...
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“Trump’s National Security Notions Are Crazy—At Best”: Generals Shoot Down...
Donald Trump and Ben Carson have spent the last 24 hours proposing bigoted and constitutionally questionable methods for keeping tabs on Muslims and Syrian refugees. And that’s causing some retired...
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“Marco Rubio’s Terrible New Idea”: Pandering To Voters’ Most Simplistic And...
Campaigning for president requires one to come up with policy proposals, a need that from time to time produces innovative and promising ideas. But it also produces some extraordinarily dumb ones, as...
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