Those disappointed in the outcome of this election and of the Texas suit should not lose sight of the constitutional values that will last far beyond any one lawsuit and any one election.
It is hard to believe the justices put the constitutional question above their desire to avoid appearing to meddle in the 2020 election.
Commonsense jurisprudence will recognize the open-shut argument that voters’ civil rights were violated by vote dilution during an unconstitutional election process.
Texas argues that the case ‘presents constitutional questions of immense national consequences,’ namely that the 2020 election suffered from serious constitutional irregularities.
As a conservative, an originalist, and a black American, I am greatly intrigued by Sen. Edward Markey’s claim that applying the Constitution as it’s written is racist.
In Laurence Tribe’s telling, the vice president’s tie-breaking vote does not apply to judicial nominees. That is supported by neither the Constitution’s text nor the Senate’s historical practice.
Federal judges will need no more than an imagination and a political agenda to use the Equal Rights Amendment for all sorts of mischief.
The sweeping language of the Equal Rights Amendment provides a practically endless number of potential legal hooks for gender-bending social engineering from the bench.
This week, House Democrats will reportedly pass a measure to lift the 1982 deadline on a feminist amendment to the U.S. Constitution that would actually hurt women and identity politics groups.
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?
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