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Tag: Constitution


Flickr / Norbert Blech (CC-BY)

Court Clears the Way for Gay Adoptions in Florida

A Florida appeals court has struck down that state’s draconian ban on gay adoption, the only explicit prohibition against adoptive gay parents in the country. The court really had no choice, since there’s nothing wrong with gay parents and they appear to raise superior children.

Posted on Sep 22, 2010 READ MORE


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AP / Pat Wellenbach

Is It Lady Who’s Gaga or the Senate?

We live in two simultaneous but radically incongruous realities, where undemocratic arrangements negotiated in the 18th century contend with commercial media industries that covet the enlightened youth.

Posted on Sep 22, 2010 READ MORE


Palin in Homer

Angry Alaskan Confronts ‘Celebrity’ Palin

Here we have one Kathleen Gustafson, miffed resident of Homer, Alaska, making her displeasure with former Gov. Sarah Palin clear by invoking the Bible, calling Palin a “celebrity”—no, that’s not a compliment—and hoisting ... (continued)

Posted on Aug 9, 2010 WATCH & LISTEN


The Judge Who Slew Prop. 8

The 14th Amendment is a mighty sword, and U.S. District Judge Vaughn Walker used it Wednesday to flay and shred all the specious arguments—and I mean all of them—that are used to deny full marriage rights to gay and lesbian Americans. Bigotry has suffered a grievous blow.

Posted on Aug 5, 2010 READ MORE


‘Dropping Babies,’ Abandoning Principles

Rather than shout, I’ll just ask the question in a civil way: Dear Republicans, do you really want to endanger your party’s greatest political legacy by turning the 14th Amendment to our Constitution into an excuse for election-year ugliness?

Posted on Aug 4, 2010 READ MORE



Flickr / CarbonNYC (CC-BY)

Federal Judge Finds Gay Marriage Ban Unconstitutional

A U.S. district judge in Massachusetts decided in two separate cases that the 1996 Defense of Marriage Act signed into law by Bill Clinton encroaches on the states’ right to regulate marriage and violates the equal protection clause of the Constitution.

Posted on Jul 8, 2010 READ MORE



Flickr / Mr. T in DC (CC-BY-ND)

Souter’s Challenge to Scalia

It should become the philosophical shot heard ’round the country. In a remarkable speech that received far too little attention, former Supreme Court Justice David Souter took direct aim at the conservatives’ favorite theory of judging.

Posted on Jun 3, 2010 READ MORE


What Rand Really Believes

Rand Paul, tea party flavor of the month, is said to be avoiding “overexposure.” When he emerges from hiding and explains his most extreme positions, even many Republicans may think twice or three times before they vote for him.

Posted on May 27, 2010 READ MORE



Flickr / LakelandChamber

Small Biz Lobby Suits Up Against Health Care

A national small-business lobbying group has tossed in with 20 states in their legal challenge to the Obama administration’s health care reform law. The mostly Republican push claims the health care overhaul violates states’ rights guaranteed in the Constitution.

Posted on May 15, 2010 READ MORE


Free to Date









Posted on May 6, 2010 ENLARGE    


Times Square
AP / David Goldman

Glenn Beck Gets It Right

What if Faisal Shahzad, the alleged Times Square car bomber, had turned out to be an illegal immigrant from Mexico? Imagine the fuel it would have provided to those who are using national security as an excuse for cracking down on hardworking immigrants in Arizona.

Posted on May 4, 2010 READ MORE


Marcus
AP / David Duprey

Racial Politics, Tea Party Style

We can infer that Lloyd Marcus may be winking at us—saying that African-American may still equal un-American. After all, if African-American actually meant American and if race didn’t matter, then Marcus wouldn’t have to make the gesture. Let’s think about it.

Posted on Apr 29, 2010 READ MORE


Blackwell

‘Daily Show’: Ken Blackwell Thinks Obama Is Subverting the Constitution

Ken Blackwell loves liberty. Jon Stewart loves liberty—liberty bells, the whole deal. Right around there is where their shared views, particularly about President Barack Obama’s governing style, come to an end.

Posted on Apr 29, 2010 WATCH & LISTEN


Let’s Have a Real Debate About the Court

A serious debate on “constitutional issues” might reveal our fundamental differences: Republican extremists would use the Supreme Court to prohibit every social and political advance since before the Civil War.

Posted on Apr 14, 2010 READ MORE


Health Care’s New Nullifiers

Virginia Attorney General Ken Cuccinelli seems determined to use an attack on health care reform to bring us back to the 1830s.

Posted on Mar 25, 2010 READ MORE



14 States Take Health Care Bill to Court

The attorneys general of Alabama, Colorado, Florida, Idaho, Louisiana, Michigan, Nebraska, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Washington and Virginia are suing over the health care reform bill, citing state sovereignty and alleging federal overreach under the Commerce Clause of the Constitution.

Posted on Mar 23, 2010 READ MORE


tea party
Flickr / ajagendorf25

Tea Party-GOP Relations Show Signs of Strain

Tea party loyalists may be situated at the right side of the political spectrum, but that doesn’t mean the upstart political movement is an adjunct to the Republican Party, no siree. As it evolves, the loosely unified conservative coalition may be moving farther away from the GOP’s orbit.

Posted on Mar 22, 2010 READ MORE


We the Ticklish









Posted on Mar 14, 2010 ENLARGE



AP / Rebecca Blackwell

Niger Hit by Military Coup

A military junta, the Supreme Council for the Restoration of Democracy, captured Niger’s President Mamadou Tandja and his Cabinet on Thursday in a coup d’etat welcomed by opposition leaders and potentially by a population frustrated with the government, which critics say has stayed in power past its legal term.

Posted on Feb 19, 2010 READ MORE


Don’t Ask, Don’t Judge?

No one would question an African-American judge’s capacity to preside over a race discrimination lawsuit or a female jurist’s handling of a sexual harassment case. Does it matter if the judge hearing the lawsuit challenging California’s ban on same-sex marriage is gay?

Posted on Feb 10, 2010 READ MORE


Thank You, Justice Alito

Justice Samuel Alito’s inability to restrain himself during the State of the Union address brought to wide attention a truth that too many have tried to ignore: The Supreme Court is now dominated by a highly politicized conservative majority intent on working its will.

Posted on Jan 31, 2010 READ MORE



Flickr / Gail Borden Public Library

Don’t Count on Me

Some conservative opponents of President Barack Obama are trying to stir up a movement against the 2010 census, arguing that the census form asks too many personal questions and is one more example of the erosion of privacy.

Posted on Jan 29, 2010 READ MORE



AP / Hadi Mizban

Biden Promises to Appeal Blackwater Dismissals

Vice President Joe Biden expressed his personal regrets to Iraqi leaders and promised that the U.S. will appeal the dismissal of manslaughter charges against five Blackwater security contractors over a bloody Baghdad shooting in 2007 that killed 17 people.

Posted on Jan 24, 2010 READ MORE


Like It or Not, Health Care Mandate Is Constitutional

Law students may debate whether Congress has the right to mandate health insurance, but in the real world, it’s not a big worry.

Posted on Nov 24, 2009 READ MORE


A Slippery Slope on Guns

If it wins an upcoming battle in the Supreme Court, the gun lobby is prepared to challenge every gun control law enacted at any level of government.

Posted on Oct 5, 2009 READ MORE


Manuel Zelaya
ABR / Ricardo Stuckert

Ousted Honduran President Makes His Return

After nearly three months in exile, ousted Honduran President Manuel Zelaya has reportedly returned to his home turf, although his exact whereabouts were unclear Monday. Meanwhile, the U.S. government is still putting pressure on current leader Roberto Micheletti and his camp to restore Zelaya to power.

Posted on Sep 21, 2009 READ MORE


Barack Obama
White House / Pete Souza

Obama Won’t Buckle Under on Torture Inquiry

Seven former heads of the CIA formally requested that President Obama halt an ongoing inquiry into suspect abuse (aka torture) by the agency, arguing that important CIA work would be hampered by such an investigation. Obama didn’t bite, claiming that “nobody’s above the law.” Except George W. Bush, it seems.

Posted on Sep 20, 2009 READ MORE


Ashcroft
AP / John Russell

Legal Troubles Might Lie in Wait for Ashcroft

Did then-Attorney General John Ashcroft violate the Constitution in his handling of certain national security investigations shortly after the 9/11 terrorist attacks? According to the Los Angeles Times, a three-judge panel of the U.S. 9th Circuit Court of Appeals has reason to believe that he did, and thus Ashcroft can be sued for prosecutorial abuses even this long after the fact, the paper reported Saturday.

Posted on Sep 4, 2009 READ MORE


Freedom From Fear—and the Second Amendment

The gun nuts showing up at rallies and town hall meetings should check the order of their amendments: The First guarantees people—whatever their politics—a fundamental right to participate in their democracy without concern for physical retribution.

Posted on Aug 21, 2009 READ MORE


Wisconsin domestic partners

Wis. Same-Sex Couples Make Domestic Partnership Official

Given that the Wisconsin Constitution explicitly bars same-sex couples from marrying, the state’s newly instituted domestic partnership registry may seem cold comfort, but it does offer some rights, like hospital visitation and property-related benefits. Some couples are ready to sign up although bigger battles remain to be won.

Posted on Aug 3, 2009 WATCH & LISTEN


The Nightmare









Posted on Jul 20, 2009 ENLARGE    



Lyndon Baines Johnson Library and Museum

Supreme Court Surprises With Civil Rights Decision

The Supreme Court has spared the 1965 Voting Rights Act, agreeing by an 8-1 margin to leave a ruling on its more controversial parts for another day—and perhaps another court. The near-unanimous narrow decision came as a surprise, with justices apparently retreating from earlier divisions that led some court watchers to predict the legislation’s demise.

Posted on Jun 22, 2009 READ MORE


Souter Painting
np.edu.sg

Souter Is Outer

U.S. Supreme Court Justice David Souter is reportedly planning to retire from the bench at the end of the court’s current term. Souter’s decision to leave will likely not affect the political balance of the court, as his replacement by President Obama will likely be another liberal-minded justice.

Posted on Apr 30, 2009 READ MORE


When Fascism Came to America

In 1935, Sinclair Lewis, the first American writer to be awarded the Nobel Prize, wrote a novel entitled “It Can’t Happen Here” to influence the 1936 presidential election. He was off by about 66 years.

Posted on Apr 21, 2009 READ MORE


book cover

Tony Platt on Wall Street Terror Attack

Beverly Gage’s new book exhumes a nearly forgotten tale of class warfare—call it 9/16.

Posted on Mar 13, 2009 READ MORE


Why Did So Few Americans Give a Damn?

Justice Department documents that demonstrate the Bush administration’s view of the president’s constitutional power in a “state of war” tell us things we suspected but didn’t want to know.

Posted on Mar 5, 2009 READ MORE



White House / Chris Greenberg

Secret Bush Memos Gave President Even More Power

President Bush’s memo fetish is well documented, but the Obama administration has just made public a series of memos that said the executive had extraordinary powers far beyond those traditionally considered legal. According to the crack legal minds of the Bush administration, the president could overrule the other branches of government.

Posted on Mar 3, 2009 READ MORE



AP photo / Nikolas Giakoumidis

It’s Not Going to Be OK

The daily bleeding of thousands of jobs will soon turn our economic crisis into a political crisis. Our empire is dying. How will we cope with our decline? Will we cling to the absurd dreams of a superpower and a glorious tomorrow or will we responsibly face our stark new limitations?

Posted on Feb 2, 2009 READ MORE



Flickr / Johannes Roith

Bolivia’s Indigenous Majority Catches a Break

Bolivian President Evo Morales, himself an Aymara Indian, has won a referendum on a new constitution granting special privileges to Bolivia’s indigenous people. The electorate split along racial lines, with the country’s elite white and mixed-race minorities largely opposing the measure.

Posted on Jan 25, 2009 READ MORE


book covers

Brenda Wineapple on Abraham Lincoln and Frederick Douglass

Two recent books show how a man of reason and conservative temperament and a man of passion and radical disposition joined together, even before either knew it, to end slavery.

Posted on Jan 23, 2009 READ MORE


Defining ‘Bipartisan’ in a New Era

When Obama delivered his stunningly eloquent and inspiring address at midday on Jan. 20, he provided a powerful hint of what bipartisan, a term hollowed out by habitual and insincere misuse, means to him now.

Posted on Jan 22, 2009 READ MORE



YouTube / WhiteHouse

Obama Takes Oath Again, Just to Be Safe

The second time was the charm for Chief Justice John Roberts, who flawlessly administered the oath of office to Barack Obama a day after botching the pledge. The White House counsel explained that they opted for a repeat “out of an abundance of caution.” Obama actually legally became the president even before taking the oath the first time.

Posted on Jan 21, 2009 READ MORE



AP photo / Charles Dharapak

The President of the United States

At noon Eastern Time, Barack Obama became the 44th president of the United States. His inauguration speech celebrated America’s history of progress, called for a new era of responsibility and rebuked the Bush administration’s abuse of the Constitution.

Posted on Jan 20, 2009 READ MORE



AP photo / M. Spencer Green

Blagojevich vs. the Senate

Some have argued that the Senate does not have the right to reject embattled Illinois Gov. Rod Blagojevich’s pick to replace Barack Obama. However, history clearly disagrees.

Posted on Jan 5, 2009 READ MORE


What Nixon Admitted (and Cheney Won’t)

To understand the philosophy of government that Dick Cheney brought to Washington over the past seven years, it is most instructive to see “Frost/Nixon,” with Frank Langella’s remarkable reanimation of Tricky Dick for a generation that never knew him.

Posted on Dec 24, 2008 READ MORE



White House / Eric Draper

From ‘Mission Accomplished’ to ‘So What?’

The history-be-my-judge interviews that President Bush and Vice President Cheney have been giving recently help me understand their choices—but also reinforce my confident belief, and my fervent hope, that history will throw the book at them.

Posted on Dec 23, 2008 READ MORE



Truthdig / Peter Scheer

Redrawing the Political Map

A little-noticed California proposition could limit the kind of partisan gerrymandering that Republicans and Democrats have used to influence elections around America for decades. But is that a good thing?

Posted on Dec 11, 2008 READ MORE


Al Franken
USAF / Staff Sgt. Maria L. Taylor

Franken to Take Senate Fight to ... the Senate

Still locked in a bitter recount battle for the right to represent Minnesota in the upper house, Al Franken’s lawyer says he might take the matter directly to the U.S. Senate, which the Constitution allows to be the “Judge of the Elections, Returns and Qualifications of its own Members.”

Posted on Dec 1, 2008 READ MORE


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