- CAC to Senate Judiciary Comittee: Sessions unfit to be U.S. Attorney General http://theusconstitution.org/media/releases/cac-senate-judiciary-committee-sessions-unfit-be-us-attorney-general 8 comments politics
- Justice Scalia compares U.S. Judicial Activism to Nazi Germany http://theusconstitution.org/text-history/2152/invocation-nazi-germany-scalia-loses-debate-over-constitution 17 comments law
- American Samoans, currently considered "non-citizen nationals," sue for recognition as US citizens under the Citizenship Clause. Tuaua v. US. http://www.theusconstitution.org/cases/tuaua-v-united-states 20 comments law
- Regardless of whether you think they're actually racists, many Tea Partiers claim the government can't prevent private businesses from discriminating against minorities. A carefully look at the Constitution reveals they are wrong. http://theusconstitution.org/blog.history/?p=1834 6 comments politics
- Tea Partier Rick Barber's campaign ad portrays the Founding Fathers calling on us to "gather our armies" to rebel against our federal government. In reality, George Washington would have squashed Barber like a grape. http://theusconstitution.org/blog.history/?p=1759 3 comments politics
- Though few went beyond calling him "behind the times," there are actually substantive reasons Rand Paul is totally wrong about the Civil Rights Act. The statute directly seeks to enforce the text and history of the Constitution -- unlike Paul himself. http://theusconstitution.org/blog.history/?p=1741 5 comments politics
- Interesting how Tea Party members LOVE the Constitution...and yet want to repeal, like, half of it. http://theusconstitution.org/blog.history/?p=1722 172 comments politics
- Faced with Scalia's "originalism," progressives' rejoinder is "well, judging is much more complicated than that." This is a bad response, (and it polls terribly). Instead, we should just talk about how progressive the Constitution is & how real "originalism" leads to progressive results. http://theusconstitution.org/blog.history/?p=1704 7 comments politics
- Do the Tea Partiers know that Rand Paul's comments about the Civil Rights Act run contrary to the Constitution (which they claim to love)? Do they grasp that abolishing the 17th Amendment would mean they could no longer vote for Rand Paul? http://theusconstitution.org/blog.history/?p=1696 9 comments politics
- Apparently, according to SCOTUS, employees who sign forced arbitration agreements with large corporations in order to get a job do so "voluntarily," whereas large corporations who sign arbitration agreements with each other somehow aren't exercising free will. Nice deal for the corporations. http://theusconstitution.org/blog.history/?p=1671 9 comments politics
- Don't look to Justice Scalia for sympathy if, in order to get a job, you signed a contract waiving your right to sue over racial discrimination. In his view, you haven’t been coerced into anything—you’re just “a stupid person who voluntarily signs an unconscionable contract.” http://theusconstitution.org/blog.history/?p=1667 15 comments politics
- SCOTUS ruled 7-2 that all persons, including immigrants, have the 6th Amendment right to effective assistance of counsel when facing criminal charges. Though you would think this is obvious, self-professed "originalists" Scalia and Thomas still dissented. http://theusconstitution.org/blog.history/?p=1598 19 comments politics
- You know who actually suggested Obama make recess appointments? Thanks for the tip, Chief Justice Roberts. http://theusconstitution.org/blog.history/?p=1589 3 comments politics
- Actually, Justice Alito, Obama's comments were true: If all "speakers" are equal under the First Amendment, and "corruption" only includes direct vote-trading for money, then foreign companies can spend endless amounts of money to influence U.S. elections. http://theusconstitution.org/blog.history/?p=1523 31 comments politics
- On Scalia, regarding the campaign finance case: "Those who take the Constitution seriously should be appalled that this is what passes for legitimate argument by the leading 'originalist' on the Court." http://theusconstitution.org/blog.history/?p=1518 17 comments politics
- Progressives may be worried about loosing seats in the Senate, but they're about to face a much bigger problem: a Supreme Court ruling invalidating all restrictions on corporate financing of elections would set progressives back for generations. http://theusconstitution.org/blog.history/?p=1491 21 comments politics
- Under Bush, Senate Republicans said they would "never" filibuster a judicial nominee because filibusters were unconstitutional. Read quotations of their hypocrisy, as they now gear up to filibuster Obama nominees. http://theusconstitution.org/blog.history/?p=1411 3 comments politics
- HUGE NEWS: In a surprise decision, a federal appeals court has reversed a lower court ruling and said that victims of Hurricane Katrina can sue oil refineries for contributing to global warming. http://theusconstitution.org/blog.warming/?p=743 8 comments politics
- Are corporations the same as humans?: Five reasons why you should pay attention to the Supreme Court on Sept. 9. http://theusconstitution.org/blog.history/?p=1282 4 comments politics
- Conservatives are attacking Sotomayor for citing "foreign" or international law in her opinions. Except Scalia -- and virtually every justice going back to John Marshall -- has done the same thing. http://theusconstitution.org/blog.history/?p=965 7 comments law
- Having condemned her for not being an "originalist," Republican Sen. Jeff Sessions then attacks Sotomayor for following the plain text of the Voting Rights Act too literally, saying he doesn't want a "strict constructionist" so much as a "fair constructionist." Whatever that means. http://theusconstitution.org/blog.history/?p=917 6 comments politics
- Sotomayor joined REPUBLICAN-appointed colleagues in a UNANIMOUS ruling against a NY state developer, who claimed his property was unconstiutionally seized by the local government. Of course, all the media can figure out to report is that Sotomayor wants to take away your property. http://theusconstitution.org/blog.history/?p=870 6 comments politics
- Jose Padilla was a LEGAL immigrant and resident of the US for nearly 50 years, before being charged with a non-violent drug offense in Kentucky. His lawyer told him if he pled guilty he wouldn't get deported. Padilla pled guilty. He was immediately deported. http://theusconstitution.org/blog.history/?p=803 26 comments politics
- In the legal effort to strike down Chicago's handgun law, Judge Easterbrook tells counsel this subject is "above his pay grade." Looks like Second Amendment incorporation is headed to the Supreme Court. http://theusconstitution.org/blog.history/?p=770 4 comments law
- Sotomayor: "I don’t believe we should bend the Constitution under any circumstance. It says what it says. We should do honor to it.” http://theusconstitution.org/blog.history/?p=766 11 comments politics
- Every time Justice Scalia writes an opinion that begins with the depiction of a gruesome murder, he is evincing empathy toward the victim. Isn’t it time for conservatives to turn off the phony outrage over judicial empathy? http://theusconstitution.org/blog.history/?p=727 3 comments politics
- When she was governor of Kansas, Kathleen Sebelius heroically blocked construction of a major coal plant by vetoing pro-coal bills four different times. But less than a week after she resigned to become Obama's HHS Secretary, her Lt. Gov stepped in and struck a deal with the coal companies. http://theusconstitution.org/blog.warming/?p=607 33 comments politics
- The Framers would have been VERY pleased with Obama's first 100 days. http://theusconstitution.org/blog.history/?p=692 3 comments politics
- Criticizing long-overdue government action on climate change, global warming denier Jonah Goldberg illustrated that classic (and dumb) version of “constitutional originalism” that goes something like this: “If the Framers didn’t imagine it, then it MUST be unconstitutional!!” http://theusconstitution.org/blog.history/?p=658 6 comments politics
- When forming the "United" States, the Framers fully expected states to recognize and uphold one another's laws. So while it may be "inconvenient" to conservatives, there's nothing "unconstitutional" about D.C.'s decision last week to recognize same-sex marriages from other states. http://theusconstitution.org/blog.history/?p=606 127 comments politics
- Last week's decision by the Iowa Supreme Court to strike down a same-sex marriage ban for violating the state constitution, was not "judicial activism." When judges determine whether laws are unconstitutional, we call that "doing their job." http://theusconstitution.org/blog.history/?p=601 365 comments politics
- The lower court found that the government must COMPENSATE the company $5.4 million for lost profits from the restricted sales of its eggs, even though the the restriction was put in place because the eggs were found to be contaminated with salmonella. http://theusconstitution.org/blog.history/?p=530 3 comments politics
- Wanna know how many calories are in a Big Mac? A federal appeals court has wisely upheld NYC's controversial regulation that requires that fast-food and chain restaurants to prominently disclose calorie information on their menus. Believe it or not, this is what the Framers envisioned. http://theusconstitution.org/blog.history/?p=504 5 comments politics
- Outrageous: First, the coal company's CEO stood accused of buying a West Virginia Supreme Court judge. Now it appears he is straightup lying to the U.S. Supreme Court, by claiming he never met the judge in question. http://theusconstitution.org/blog.history/?p=502 10 comments politics
- Should John Ashcroft be held personally liable for violating a terror suspects' constitutional rights? The Supreme Court hears arguments today. http://theusconstitution.org/blog.history/?p=467 34 comments politics
- Judge for Sale? Should an elected state supreme court judge have been forced to recuse himself from a case in which one of the defendants was also his largest campaign contributer? http://theusconstitution.org/blog.history/?p=456 3 comments politics
- Yo, McCain: 'We the People' have already had our say on the redistribution of wealth. That's why we amended the Constitution to allow for a progressive (read: re-dis-trib-u-tive) tax system. http://theusconstitution.org/blog.history/?p=440 4 comments politics
- How to call out conservatives for their ridiculous double standard in upholding the Constitution http://theusconstitution.org/blog.history/?p=439 4 comments reddit.com
- Is Sarah Palin Mocking the Constitution? http://theusconstitution.org/blog.history/?p=429 2 comments reddit.com
- Obama can ANNIHILATE McCain in the debate over judicial nominations, by doing one simple thing: actually defending the Constitution. http://theusconstitution.org/blog.history/?p=431 2 comments reddit.com