‘Constitutional Conservatives’ Have Some Reading Up to Do

When a “federal takeover of elections” is nothing of the kind.

#constitution-us, #democratic-party, #elections-house-of-representatives, #elections-senate, #fifteenth-amendment-us-constitution, #hamilton-alexander, #pence-mike, #republican-party, #scalia-antonin, #supreme-court-us, #united-states-politics-and-government, #voting-rights-registration-and-requirements

Supreme Court Appears Skeptical of Boston’s Refusal to Fly Christian Flag

The court seemed poised to rule that the city, which has approved many other requests to raise flags at its City Hall, violated a Christian group’s free speech rights.

#barrett-amy-coney, #constitution-us, #first-amendment-us-constitution, #flags-emblems-and-insignia, #freedom-of-religion, #freedom-of-speech-and-expression, #hallward-driemeier-douglas, #kagan-elena, #religion-state-relations, #united-states

Politics and the Supreme Court

Several readers accuse the court of making decisions based on partisanship, not legal reasoning.

#abortion, #constitution-us, #greenhouse-linda, #law-and-legislation, #republican-party, #roe-v-wade-supreme-court-decision, #supreme-court-us, #united-states-politics-and-government

Our Broken Electoral System Created the Capitol Riot

Our institutions, from the Electoral College to the media, have convinced conservatives that they are denizens of the real America. 

#constitution-us, #democratic-party, #electoral-college, #news-and-news-media, #presidential-election-of-2020, #republican-party, #storming-of-the-us-capitol-jan-2021, #trump-donald-j, #united-states-politics-and-government

To Save Democracy, First We Need to Make It Real

What’s often called the crisis of American democracy is the result not of too much democracy but of too little. 

#conservatism-us-politics, #constitution-us, #constitutional-amendments, #presidential-election-of-2020, #republican-party, #storming-of-the-us-capitol-jan-2021, #trump-donald-j, #united-states-politics-and-government

Why Supreme Court Justices Need Term Limits

It is the best way to address the crisis in the court’s functioning and legitimacy.

#constitution-us, #constitutional-amendments, #germany, #term-limits-political-office, #united-states

Trump Weaponized the Supreme Court

The three justices appointed by Trump are doing exactly what they were sent to the court to do.

#abortion, #admissions-standards, #affirmative-action, #alito-samuel-a-jr, #american-federation-of-state-county-and-municipal-employees, #appointments-and-executive-changes, #barrett-amy-coney, #colleges-and-universities, #constitution-us, #firearms, #first-amendment-us-constitution, #freedom-of-religion, #freedom-of-speech-and-expression, #ginsburg-ruth-bader, #gun-control, #harvard-university, #jackson-womens-health-organization, #kagan-elena, #kavanaugh-brett-m, #maine, #mcconnell-mitch, #mississippi, #national-rifle-assn, #new-york-state, #new-york-state-rifle-and-pistol-assn, #private-and-sectarian-schools, #rehnquist-william-h, #religion-state-relations, #roberts-john-g-jr, #second-amendment-us-constitution, #senate, #suits-and-litigation-civil, #supreme-court-us, #texas, #united-states, #united-states-politics-and-government

Populism Has Reached the Supreme Court, Too

Judicial populism justifies the exercise of power without accounting for its real-world effects.

#american-hospital-assn, #constitution-us, #courts-and-the-judiciary, #law-and-legislation, #regulation-and-deregulation-of-industry, #supreme-court-us

Supreme Court Seems Wary of Ban on State Aid to Religious Schools

The case, concerning a tuition program in Maine, seemed likely to extend a winning streak at the court for parents seeking public funds for religious education.

#christians-and-christianity, #constitution-us, #discrimination, #education-k-12, #freedom-of-religion, #maine, #private-and-sectarian-schools, #rural-areas, #supreme-court-us, #united-states-politics-and-government

The Supreme Court Faces a Voting Paradox with Abortion Decision

Any voting system is vulnerable to inconsistency.

#abortion, #constitution-us, #economics-theory-and-philosophy, #internal-sub-only-nl, #roe-v-wade-supreme-court-decision, #supreme-court-us

If James Madison Weighed In on Politics Today

Readers discuss James Madison and the role of Congress today. Also: Expanding the fight for abortion rights; a proposal for the National Mall.

#abortion, #biden-joseph-r-jr, #constitution-us, #madison-james-1751-1836, #national-mall-washington-dc, #senate, #united-states-politics-and-government, #womens-rights

Critical Moment for Roe, and the Supreme Court’s Legitimacy

As justices consider Mississippi’s restrictive abortion law, scholars debate what a reversal of Roe v. Wade would mean for the court’s credibility.

#abortion, #constitution-us, #roe-v-wade-supreme-court-decision, #supreme-court-us, #united-states-politics-and-government

Fearing a Repeat of Jan. 6, Congress Eyes Changes to Electoral Count Law

Members of the special House committee investigating the Capitol riot are among those arguing for an overhaul of a more than century-old statute enacted to address disputed elections.

#biden-joseph-r-jr, #constitution-us, #electoral-college, #law-and-legislation, #pence-mike, #presidential-election-of-1876, #presidential-election-of-2020, #storming-of-the-us-capitol-jan-2021, #trump-donald-j, #united-states-politics-and-government, #vice-presidents-and-vice-presidency-us, #voting-and-voters

The Trump Conspiracy Is Hiding in Plain Sight

Large and influential parts of the Republican Party are increasingly untethered from any commitment to electoral democracy.

#bannon-stephen-k, #constitution-us, #presidential-election-of-2020, #propublica, #republican-party, #state-legislatures, #trump-donald-j, #united-states-politics-and-government, #voter-fraud-election-fraud

Big Tech ‘Amplification’: What Does That Mean?

Some lawmakers from both parties argue that when social media sites boost the performance of hateful or violent posts, the sites become accomplices.

#computers-and-the-internet, #constitution-us, #freedom-of-speech-and-expression, #house-committee-on-energy-and-commerce, #law-and-legislation, #regulation-and-deregulation-of-industry, #rumors-and-misinformation, #social-media, #united-states-politics-and-government

I Once Urged the Supreme Court to Overturn Roe. I’ve Changed My Mind.

To overturn Roe now would be an act of constitutional vandalism — not conservative, but reactionary.

#abortion, #constitution-us, #roe-v-wade-supreme-court-decision, #supreme-court-us, #united-states

There Is Another Democrat A.O.C. Should Be Mad At

The monumental scale of the Build Back Better plan raises a difficult question: Is a fleeting and narrow majority enough for making history?

#american-families-plan-2021, #american-rescue-plan-2021, #constitution-us, #elections-house-of-representatives, #elections-senate, #law-and-legislation, #madison-james-1751-1836, #united-states-politics-and-government

Cryptocurrency Group Loses Bid for Rare Copy of U.S. Constitution

ConstitutionDAO, a “decentralized autonomous organization,” had raised more than $40 million to bid for the artifact.

#art, #auctions, #computers-and-the-internet, #constitution-us, #constitutiondao, #finances, #virtual-currency

Biden’s Supreme Court Commission Shows Interest in Term Limits

But in newly released materials, members of the panel acknowledged “profound disagreement” over the wisdom of adding more justices to the court.

#biden-joseph-r-jr, #constitution-us, #courts-and-the-judiciary, #supreme-court-us, #term-limits-political-office, #united-states-politics-and-government

On Abortion and Covid-19, a Court Goes Rogue

The Supreme Court has empowered a lower court that is out of control.

#abortion, #appeals-courts-us, #appointments-and-executive-changes, #biden-joseph-r-jr, #constitution-us, #coronavirus-2019-ncov, #decisions-and-verdicts, #duncan-kyle-1972, #engelhardt-kurt-damian, #jones-edith-hollan, #louisiana, #mississippi, #occupational-safety-and-health-administration, #pitman-robert-lee, #reagan-ronald-wilson, #roberts-john-g-jr, #sotomayor-sonia, #states-us, #suits-and-litigation-civil, #supreme-court-us, #texas, #trump-donald-j, #united-states, #vaccination-and-immunization, #workplace-environment, #workplace-hazards-and-violations

They Love Crypto. They’re Trying to Buy the Constitution.

How a “financial flash mob” is trying to raise $20 million for a rare copy of the U.S. Constitution.

#auctions, #computers-and-the-internet, #constitution-us, #constitutiondao, #sothebys, #virtual-currency

A Landmark Reckoning With America’s Racial Past and Present

Originally published as a series in The New York Times Magazine and now revised and expanded as a book, “The 1619 Project,” edited by Nikole Hannah-Jones, Caitlin Roper, Ilena Silverman and Jake Silverstein, undertakes an ambitious examination of slavery and its ongoing legacy for Black Americans.

#black-people, #books-and-literature, #civil-war-us-1861-65, #constitution-us, #discrimination, #hannah-jones-nikole, #revolutionary-war-american-1775-83, #segregation-and-desegregation, #slavery-historical, #the-1619-project-a-new-origin-story-book, #united-states, #united-states-politics-and-government

Madison Saw Something in the Constitution We Should Open Our Eyes To

The guarantee clause could help Democrats push back against the threat of Republican political hegemony. 

#constitution-us, #democratic-party, #house-of-representatives, #redistricting-and-reapportionment, #republican-party, #state-legislatures, #states-us, #united-states-politics-and-government

Supreme Court Looks at Puerto Rico’s Status in Case on Benefits

A federal law excludes residents of Puerto Rico from a Social Security program that provides monthly payments to needy people.

#constitution-us, #federal-taxes-us, #puerto-rico, #social-security-us, #supreme-court-us, #united-states-politics-and-government

The Problem With the Supreme Court’s “Shadow Docket”

Another problem with the court’s “shadow docket.”

#alito-samuel-a-jr, #constitution-us, #federal-courts-us, #kavanaugh-brett-m, #law-and-legislation, #sotomayor-sonia, #supreme-court-us, #thomas-clarence, #united-states

The Supreme Court Should Uphold New York’s Concealed Carry Law

The court shouldn’t take from the people and their legislatures the authority they have had for centuries to decide where handguns may be carried. 

#constitution-us, #gun-control, #new-york-state, #second-amendment-us-constitution, #suits-and-litigation-civil, #supreme-court-us

What Makes Change Possible?

The failures of the Articles of Confederation have a lot to teach us about the conditions that make new forms of government feasible. 

#articles-of-confederation-1781-89, #constitution-us, #credit-and-debt, #gerry-elbridge-1744-1814, #madison-james-1751-1836, #united-states-politics-and-government

Lincoln Broke Our Constitution. Then He Remade It.

He turned a messy, pragmatic compromise into an aspirational blueprint for a nation based on equal liberty for all.

#civil-rights-and-liberties, #civil-war-us-1861-65, #constitution-us, #lincoln-abraham, #slavery-historical

Was the Constitution Pro-Slavery? Jefferson Davis Thought So. Abraham Lincoln Didn’t.

Noah Feldman’s “The Broken Constitution” argues that Lincoln had to remake the American Constitution in order to battle slavery.

#books-and-literature, #confederate-states-of-america, #constitution-us, #davis-jefferson-f, #feldman-noah, #lincoln-abraham, #slavery-historical

The Looming Crisis for the Gun Safety Movement

If they want their agenda to survive, activists will have to stop trying to ban guns — and focus instead on reducing the violence those guns bring. 

#constitution-us, #gun-control, #law-and-legislation, #mass-shootings, #new-york-state, #second-amendment-us-constitution, #supreme-court-us

In Texas Abortion Law Case, a Spotlight on Brett Kavanaugh

If the Supreme Court is to reverse course after refusing to block the law in September, at least one conservative justice must change positions. Justice Kavanaugh is the most likely candidate.

#abortion, #constitution-us, #decisions-and-verdicts, #kavanaugh-brett-m, #law-and-legislation, #roe-v-wade-supreme-court-decision, #supreme-court-us, #texas, #united-states-politics-and-government

Why I Ask More of America Than We Can Get

Our rules and institutions exist for us and our flourishing, not for their own sake.

#constitution-us, #constitutional-amendments, #dahl-robert-m-1967-2015, #madison-james-1751-1836, #united-states-politics-and-government

Briefs Draw Battle Lines as Texas Abortion Law Nears Supreme Court

The justices, who will hear arguments on Monday in two cases challenging the state’s near-total ban, required the parties to file their briefs with extraordinary speed.

#abortion, #center-for-reproductive-rights, #constitution-us, #jackson-womens-health-organization, #justice-department, #law-and-legislation, #mitchell-jonathan-f-1976, #paxton-ken, #roe-v-wade-supreme-court-decision, #suits-and-litigation-civil, #supreme-court-us, #texas, #whole-womans-health

Facebook Is Bad. Fixing It Rashly Could Make It Much Worse.

 Lawmakers should proceed cautiously when altering the rules governing the internet.

#computers-and-the-internet, #constitution-us, #facebook-inc, #first-amendment-us-constitution, #freedom-of-speech-and-expression, #klobuchar-amy, #law-and-legislation, #lujan-ben-ray, #regulation-and-deregulation-of-industry, #rumors-and-misinformation, #senate, #social-media, #united-states-politics-and-government

Cori Bush and AOC Are Right About Jan. 6 and 1866

The Fourteenth Amendment shouldn’t just be about the Civil War. 

#bush-cori, #civil-war-us-1861-65, #constitution-us, #constitutional-amendments, #fourteenth-amendment-us-constitution, #house-of-representatives, #presidential-election-of-2020, #republican-party, #rolling-stone, #storming-of-the-us-capitol-jan-2021, #treason-and-sedition, #united-states-politics-and-government, #washington-dc

On the Supreme Court, Religion and a Scheduled Execution

The Supreme Court routinely rejects death penalty appeals. But it halted an execution when religion became an issue.

#abortion, #alito-samuel-a-jr, #bourgeois-alfred-d-2020, #capital-punishment, #chaplains, #clergy, #constitution-us, #federal-bureau-of-prisons, #freedom-of-religion, #gorsuch-neil-m, #gutierrez-ruben-inmate, #kavanaugh-brett-m, #missouri, #murders-attempted-murders-and-homicides, #murphy-patrick-henry-jr, #sotomayor-sonia, #suits-and-litigation-civil, #supreme-court-us, #texas, #thomas-clarence, #trump-donald-j, #united-states

Biden Can End Debt-Ceiling Sabotage Once and for All

The 14th Amendment offers a way out.

#biden-joseph-r-jr, #clinton-bill, #constitution-us, #democratic-party, #federal-budget-us, #fourteenth-amendment-us-constitution, #mcconnell-mitch, #national-debt-us, #presidents-and-presidency-us, #republican-party, #senate, #trump-donald-j, #united-states, #united-states-politics-and-government

The Supreme Court Has Gone Off the Rails

Justices who once derided judicial “meddling” are now meddlers themselves.

#barrett-amy-coney, #breyer-stephen-g, #constitution-us, #first-amendment-us-constitution, #gorsuch-neil-m, #gun-control, #kagan-elena, #kavanaugh-brett-m, #law-and-legislation, #reagan-ronald-wilson, #regulation-and-deregulation-of-industry, #roberts-john-g-jr, #scalia-antonin, #supreme-court-us, #voting-rights-act-1965

When Is a ‘Majority’ Not Actually a Majority?

The problem of the “constitutional majority” in American politics.

#constitution-us, #elections, #internal-sub-only, #madison-james-1751-1836, #united-states-politics-and-government

We Underestimated Trump Before. It Didn’t Go Well.

The former president continues to pose a threat because our political imagination fails us. 

#civil-war-us-1861-65, #constitution-us, #democratic-party, #lincoln-abraham, #presidential-election-of-2024, #republican-party, #secession-and-independence-movements, #slavery-historical, #storming-of-the-us-capitol-jan-2021, #united-states-politics-and-government

The Jan. 6 Plotters Had a Mob. They Also Had the Eastman Plan.

The storming of the Capitol closed the door on one era of American politics and opened the door to another.

#conservatism-us-politics, #constitution-us, #john-eastman, #pence-mike, #presidential-election-of-2020, #presidential-election-of-2024, #republican-party, #storming-of-the-us-capitol-jan-2021, #united-states-politics-and-government, #vice-presidents-and-vice-presidency-us, #voter-fraud-election-fraud

What Sandra Day O’Connor Stood For on the Supreme Court

Forty years after her appointment as the court’s first female justice, it’s worth reflecting on the path she took.

#abortion, #admissions-standards, #affirmative-action, #alito-samuel-a-jr, #american-civil-liberties-union, #appointments-and-executive-changes, #arizona, #breyer-stephen-g, #constitution-us, #discrimination, #federal-state-relations-us, #ginsburg-ruth-bader, #homosexuality-and-bisexuality, #marshall-thurgood, #mccain-john, #oconnor-sandra-day, #obama-barack, #phoenix-ariz, #planned-parenthood-federation-of-america, #pregnancy-and-childbirth, #reagan-ronald-wilson, #rehnquist-william-h, #religion-state-relations, #roe-v-wade-supreme-court-decision, #texas, #united-states-politics-and-government

A Political Road Not Taken in America

A brief look at the Confederate Constitution.

#civil-war-us-1861-65, #constitution-us, #history-academic-subject, #united-states-politics-and-government

How George Washington Tried to Heal the Political Divide

As president, he went on the road to pull the new nation together.

#biden-joseph-r-jr, #constitution-us, #hamilton-alexander, #infrastructure-public-works, #jefferson-thomas, #madison-james-1751-1836, #monroe-james-1758-1831, #politics-and-government, #presidents-and-presidency-us, #republican-party, #revolutionary-war-american-1775-83, #united-states, #united-states-politics-and-government, #washington-george-1732-99

Democrats Press Biden to Take On Texas Abortion Law

House Democrats urged the Justice Department to prosecute anyone who tries to sue women who seek abortions.

#abortion, #biden-joseph-r-jr, #constitution-us, #democratic-party, #garland-merrick-b, #justice-department, #law-and-legislation, #suits-and-litigation-civil, #texas, #tribe-laurence-h, #united-states-politics-and-government

The Supreme Court Outdoes Itself by Doing Nothing

The conservative majority essentially nullified the constitutional rights of millions of American women without so much as an argument.

#abortion, #constitution-us, #law-and-legislation, #supreme-court-us, #texas, #united-states-politics-and-government, #womens-rights

In Nearly All Other Democracies, This Is Not Normal

The two-year House term has profound consequences for our government — and too many of them are negative.

#constitution-us, #constitutional-amendments, #elections, #elections-house-of-representatives, #federalist-papers, #house-of-representatives, #madison-james-1751-1836, #midterm-elections-2022, #primaries-and-caucuses, #united-states, #united-states-politics-and-government

America Needs to Break Up Its Biggest States

How would you like to live in the state of New York City?

#california, #constitution-us, #florida, #new-york-city, #new-york-state, #senate, #states-us

A Cheerleader’s Supreme Court Win for Students’ Free Speech

Students got their first free-speech win in 50 years. That’s a good thing.

#constitution-us, #education, #freedom-of-speech-and-expression, #supreme-court-us

Appeals Court Blocks Ruling That Overturned California’s Assault Weapons Ban

The decision by a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit leaves the three-decade-old ban in place while litigation continues.

#appeals-courts-us, #appointments-and-executive-changes, #bonta-rob-1972, #bush-george-w, #california, #clinton-bill, #constitution-us, #decisions-and-verdicts, #federal-courts-us, #gun-control, #newsom-gavin, #obama-barack, #suits-and-litigation-civil, #trump-donald-j, #twitter, #united-states, #united-states-politics-and-government