If a legislature ratifies a constitutional amendment, but that amendment does not exist, has the legislature actually done anything?
Noah Feldman, a Harvard Law School professor, argued more than two years ago that President Donald Trump could be impeached even without evidence of a crime.
Kavanaugh’s speech, which spoke overwhelmingly of his gratitude for people who helped him and his family to weather his confirmation hearings, also offered another message: one of supreme fearlessness.
Supreme Court Justice Clarence Thomas doesn’t want to set fire to the rule of law. He simply wants to let the Constitution, the real Constitution, once again be what it claims to be — the supreme law of the land.
Roe was wrong on the day it was written, but to settle the issue we must go beyond overturning it. The people must demand that the Constitution be amended to prevent rulings like Roe from happening again.
New York City is far from the only government with unconstitutional gun control laws on the books. Nearly every court in the nation has ignored Heller and McDonald.
Our constitutional culture is falling apart. We must remedy that before it’s too late.
Right now, the Supreme Court is one of the only institutions preserving constitutional order. That’s why Brett Kavanaugh is a big problem for progressives.
Joseph Tartakovsky’s new book, ‘The Lives of the Constitution,’ chronicles the lives and works of 10 Americans who altered or contributed to our supreme law.
What is more in accord with the rule of law: four justices usurping the power of a co-equal branch of government, or a legislature doing exactly what the state constitution allows?
The question Obergefell has raised across that land is: can we craft laws that permit mutually exclusive views to peacefully coexist? Or must the disfavored view be driven out of public life?
John Compton’s book ‘The Evangelical Origins of the Living Constitution’ argues that some of the worst political excesses of modern liberals were created and enabled by the progenitors of the religious right.
If widely embraced, judicial engagement would give constitutional conservatives something to get genuinely excited about.
Republicans should be brave and see a Donald Trump nomination as an opportunity, not a disaster; as a crisis that should be managed, not wasted.
Each side of same-sex politics is trying to comfortably fit into the legal shoe their opponent was wearing last year.
Should Americans subject themselves to unconstitutional rulings and laws merely to preserve a corruption of ‘law and order’? Charles Murray doesn’t think so, and neither do I.
To say that the Supreme Court is the final arbiter of the U.S. Constitution overthrows constitutionalism itself
The Hobby Lobby decision has nothing to do with big business, freedom to use contraceptives, or preferencing religious liberty above everything else.
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