The Constitution Can’t Enforce Itself

Congress has to get serious about the 14th Amendment. So does President Biden.

#biden-joseph-r-jr, #constitution-us, #cooke-jay-1821-1905, #democratic-party, #fourteenth-amendment-us-constitution, #government-bonds, #house-of-representatives, #republican-party, #senate, #states-us, #supreme-court-us, #trump-donald-j, #united-states-politics-and-government, #voting-rights-registration-and-requirements

Supreme Court Justices Were Interviewed in Investigation of Leaked Abortion Opinion

The clarification by the court’s marshal, who oversaw the investigation, followed widespread speculation about the scope of the interviews.

#abortion, #classified-information-and-state-secrets, #constitution-us, #decisions-and-verdicts, #roe-v-wade-supreme-court-decision, #supreme-court-us, #united-states-politics-and-government

Did the Supreme Court’s Leak Investigation Let the Justices Off the Hook?

It’s unclear if the nine people on the bench were even questioned.

#abortion, #chertoff-michael, #constitution-us, #decisions-and-verdicts, #supreme-court-us, #wall-street-journal

You Can Let Republicans Destroy the Economy or You Can Call Their Bluff

The Fourteenth Amendment offers a blueprint for tearing down the debt ceiling.

#biden-joseph-r-jr, #constitution-us, #credit-ratings-and-credit-rating-agencies, #democratic-party, #federal-budget-us, #fourteenth-amendment-us-constitution, #house-of-representatives, #law-and-legislation, #national-debt-us, #republican-party, #treasury-department, #united-states-economy, #united-states-politics-and-government, #yellen-janet-l

Gary Hart: The “New Church Committee” Is an Outrage

The new committee seems designed to prevent law enforcement and intelligence agencies from enforcing the law.

#appointments-and-executive-changes, #central-intelligence-agency, #church-frank, #classified-information-and-state-secrets, #constitution-us, #elections, #espionage-and-intelligence-services, #federal-bureau-of-investigation, #house-of-representatives, #human-rights-and-human-rights-violations, #iran-contra-affair, #law-and-legislation, #politics-and-government, #privacy, #reagan-ronald-wilson, #republican-party, #senate, #storming-of-the-us-capitol-jan-2021, #united-states-politics-and-government, #washington-dc

Adam Schiff: Don’t Forget That Many Republicans in Congress Enabled Trump’s Big Lie

The Jan. 6 committee found that multiple laws were violated in an attempt to overturn the 2020 election, and not just by Donald Trump’s foot soldiers.

#attorneys-general, #barr-william-p, #cheney-liz, #constitution-us, #democracy-theory-and-philosophy, #donoghue-richard-p-1967, #law-and-legislation, #mccarthy-kevin-1965, #pelosi-nancy, #presidential-election-of-2020, #storming-of-the-us-capitol-jan-2021, #trump-donald-j, #united-states, #united-states-politics-and-government

With This Supreme Court, the Way Liberals Dissent Matters

The liberal justices should plead for — and thereby help legitimize — the imposition of external constraints on its powers.

#constitution-us, #courts-and-the-judiciary, #democracy-theory-and-philosophy, #ginsburg-ruth-bader, #jackson-ketanji-brown-1970, #kagan-elena, #law-and-legislation, #roberts-john-g-jr, #scalia-antonin, #sotomayor-sonia, #supreme-court-us, #thomas-clarence, #united-states, #united-states-politics-and-government

This Case Should Never Have Made It to the Supreme Court

Moore v. Harper is a political power grab in the guise of a legal theory.

#conservatism-us-politics, #constitution-us, #courts-and-the-judiciary, #decisions-and-verdicts, #democratic-party, #federal-state-relations-us, #law-and-legislation, #midterm-elections-2022, #north-carolina, #politics-and-government, #redistricting-and-reapportionment, #republican-party, #state-legislatures, #states-us, #supreme-court-us, #supreme-courts-state

Is the Supreme Court About to Upend American Election Laws?

Here’s what to know about a court case that could change the way Americans vote — and who decides how they do.

#alito-samuel-a-jr, #barrett-amy-coney, #conservatism-us-politics, #constitution-us, #courts-and-the-judiciary, #elections, #federal-state-relations-us, #gorsuch-neil-m, #kavanaugh-brett-m, #liptak-adam, #north-carolina, #redistricting-and-reapportionment, #republican-party, #state-legislatures, #supreme-court-us, #thomas-clarence, #trump-donald-j, #united-states

Supreme Court to Hear Case That Could Transform Federal Elections

The justices will consider whether to adopt the “independent state legislature theory,” which would give state lawmakers nearly unchecked power over federal elections.

#constitution-us, #democratic-party, #midterm-elections-2022, #north-carolina, #republican-party, #state-legislatures, #states-us, #supreme-court-us

North Carolina’s Governor Says a Fringe Claim Before the Supreme Court Would Upend Democracy

The ability to exercise electoral and political power at the ballot box is hanging in the balance.

#constitution-us, #decisions-and-verdicts, #midterm-elections-2022, #north-carolina, #redistricting-and-reapportionment, #republican-party, #roberts-john-g-jr, #state-legislatures, #states-us, #supreme-court-us, #supreme-courts-state, #united-states, #voting-rights-registration-and-requirements

The First Amendment Is Not a License to Discriminate

If you want to offer to design wedding websites for the public, you have to do it for same-sex couples, too.

#colorado, #colorado-civil-rights-commission, #constitution-us, #discrimination, #first-amendment-us-constitution, #freedom-of-speech-and-expression, #homosexuality-and-bisexuality, #masterpiece-cakeshop-lakewood-colo, #same-sex-marriage-civil-unions-and-domestic-partnerships, #supreme-court-us

Is Donald Trump Ineligible to Be President?

The nation once again faces dilemma as it confronts a third presidential run by Donald Trump.

#cicilline-david-n, #constitution-us, #decisions-and-verdicts, #democracy-theory-and-philosophy, #democratic-party, #elections, #ethics-and-official-misconduct, #fourteenth-amendment-us-constitution, #griffin-couy, #impeachment, #law-and-legislation, #midterm-elections-2022, #politics-and-government, #polls-and-public-opinion, #presidential-election-of-2020, #presidential-election-of-2024, #presidents-and-presidency-us, #raskin-jamie-1962, #republican-party, #storming-of-the-us-capitol-jan-2021, #trump-donald-j, #united-states

The Case for Supreme Court Term Limits Just Got a Lot Better

That’s one way to keep “an inconvenient aristocracy of entrenched officials” from forming.

#alito-samuel-a-jr, #conservatism-us-politics, #constitution-us, #courts-and-the-judiciary, #faith-and-action, #hobby-lobby-stores-inc, #polls-and-public-opinion, #state-legislatures, #states-us, #supreme-court-us, #united-states-politics-and-government

There Is a Way to Break Out of Our Constitutional Stagnation

States are turning back into “laboratories of democracy.”

#constitution-us, #constitutions, #midterm-elections-2022, #referendums, #states-us, #supreme-court-us, #united-states-politics-and-government

Race Question in Supreme Court Adoption Case Unnerves Tribes

The issue is whether a federal law that seeks to place Native American foster children in Native American homes is constitutional. The case could turn on whether the justices see tribes as racial groups or sovereign nations.

#child-custody-and-support, #children-and-childhood, #constitution-us, #decisions-and-verdicts, #discrimination, #family-courts, #foster-care, #native-americans, #navajo-indians, #race-and-ethnicity, #states-us, #supreme-court-us, #texas, #united-states, #your-feed-science

America Can Have Democracy or Political Violence. Not Both.

Political violence from right-wing extremists is a growing problem in America. What can we do about it?

#boogaloo-movement, #carnegie-endowment-for-international-peace, #constitution-us, #democracy-theory-and-philosophy, #demonstrations-protests-and-riots, #fringe-groups-and-movements, #georgetown-university-law-center, #house-select-committee-to-investigate-the-january-6th-attack, #ku-klux-klan, #law-and-legislation, #mass-shootings, #murders-attempted-murders-and-homicides, #oath-keepers, #patriot-front, #politics-and-government, #republican-party, #right-wing-extremism-and-alt-right, #second-amendment-us-constitution, #southern-poverty-law-center, #states-us, #terrorism, #three-percenters, #united-states-politics-and-government, #whites

Does the Constitution Guarantee a Right to Vote?

For decades, the courts and Congress have taken the lead in expanding the legal right to vote, but the founders never explicitly included it.

#constitution-us, #redistricting-and-reapportionment, #state-legislatures, #supreme-court-us, #voting-rights-act-1965, #voting-rights-registration-and-requirements

How Liberals Should Confront a Right-Wing Supreme Court

The court does not have the only word, or even the last word, on the meaning of the Constitution.

#affirmative-action, #alito-samuel-a-jr, #constitution-us, #great-depression-1930s, #jackson-ketanji-brown-1970, #labor-and-jobs, #law-and-legislation, #medicaid, #new-deal-1930s, #organized-labor, #politics-and-government, #republican-party, #roe-v-wade-supreme-court-decision, #roosevelt-franklin-delano, #supreme-court-us, #united-states, #united-states-economy, #united-states-politics-and-government, #voting-rights-act-1965

This Is How to Put the Supreme Court in Its Place

Democrats in the 21st Century should not make the same mistake Republicans in the 19th Century did.

#constitution-us, #law-and-legislation, #midterm-elections-2022, #united-states-politics-and-government

This Is What Happens When Election Deniers Let Their Freak Flag Fly

The 2020-was-rigged crowd has ambitious plans.

#conservatism-us-politics, #constitution-us, #midterm-elections-2022, #presidential-election-of-2020, #presidential-election-of-2024, #republican-party, #state-legislatures, #states-us, #supreme-court-us, #voter-fraud-election-fraud

Justice Jackson Joins the Supreme Court, and the Debate Over Originalism

In arguments in a voting rights case, the new justice said history must inform constitutional interpretation, making a liberal case for an idea often associated with conservatives.

#alabama, #alito-samuel-a-jr, #conservatism-us-politics, #constitution-us, #fourteenth-amendment-us-constitution, #jackson-ketanji-brown-1970, #kagan-elena, #liberalism-us-politics, #scalia-antonin, #supreme-court-us, #voting-rights-act-1965, #voting-rights-registration-and-requirements

Federal Judge Blocks N.Y. Gun Law, Finding Much of It Unconstitutional

The order, issued by Judge Glenn T. Suddaby, found that the state’s new restrictions on the carrying of guns in public trampled on the rights of New Yorkers.

#constitution-us, #firearms, #gun-control, #law-and-legislation, #new-york-state, #supreme-court-us

The Supreme Court Seems Awfully Nervous About Its Own Legitimacy

If justice after justice finds it necessary to defend the court’s power, what does that tell you?

#conservatism-us-politics, #constitution-us, #polls-and-public-opinion, #republican-party, #roberts-john-g-jr, #supreme-court-us, #united-states-politics-and-government

The Supreme Court Has a Crisis of Trust

A court that does not keep the public’s trust cannot perform its critical role in American government.

#constitution-us, #democracy-theory-and-philosophy, #law-and-legislation, #politics-and-government, #polls-and-public-opinion, #republican-party, #supreme-court-us, #united-states

Top State Judges Make a Rare Plea in a Momentous Supreme Court Election Case

In a surprising filing, state chief justices opposed an argument pressed by Republicans — that state legislatures may set federal election rules unconstrained by state constitutions.

#constitution-us, #constitutions, #courts-and-the-judiciary, #federal-state-relations-us, #hecht-nathan-l, #north-carolina, #phillips-carter-g, #redistricting-and-reapportionment, #state-legislatures, #states-us, #suits-and-litigation-civil, #supreme-court-us, #supreme-courts-state, #united-states-politics-and-government

There Is a Way to Solve the Problem of Hyperpartisan Judges

Expand the federal judiciary.

#appointments-and-executive-changes, #cannon-aileen-m, #censorship, #conservatism-us-politics, #constitution-us, #federal-courts-us, #first-amendment-us-constitution, #florida, #freedom-of-speech-and-expression, #social-media, #texas, #trump-donald-j, #united-states-politics-and-government

Chile’s Constitutional Moment Is Not Over

An overwhelming vote to reject a new, progressive charter cannot stop Chileans from figuring out the future of their country.

#boric-gabriel, #chile, #constitution-us, #constitutional-amendments, #constitutions, #indigenous-people, #pinochet-ugarte-augusto, #politics-and-government, #polls-and-public-opinion, #rumors-and-misinformation

Republicans Seek Path for Constitutional Convention

A new book by a former Democratic senator warns of the risks of allowing states to call for a convention. Some in the G.O.P. see it as the only way to rein in the federal government.

#arrington-jodey, #books-and-literature, #conservatism-us-politics, #constitution-us, #feingold-russell-d, #law-and-legislation, #midterm-elections-2022, #santorum-rick, #state-legislatures, #united-states-politics-and-government

Is the Constitution Obstructing American Democracy?

Readers agree that U.S. democracy is broken, but disagree on how to fix it and whether the Constitution is to blame. Also: Books for prisoners; student activists; Philip Galanes.

#books-and-literature, #constitution-us, #democracy-theory-and-philosophy, #demonstrations-protests-and-riots, #electoral-college, #firearms, #galanes-philip, #prisons-and-prisoners, #senate, #supreme-court-us, #united-states-politics-and-government

The Idea That Letting Trump Walk Will Heal America Is Ridiculous

If a president can get away with an attempted coup (as well as abscond with classified documents), then there’s nothing he can’t do.

#conservatism-us-politics, #constitution-us, #democracy-theory-and-philosophy, #democratic-party, #elections, #presidential-election-of-2020, #republican-party, #storming-of-the-us-capitol-jan-2021, #united-states-politics-and-government

The F.B.I. Raid at Trump’s Mar-a-Lago Home

Two readers hope the former president will be held accountable; another sees a Democratic plot. Also: Hitler’s generals; David McCullough; Uvalde and Parkland; cats.

#cats, #constitution-us, #defense-and-military-forces, #federal-bureau-of-investigation, #garland-merrick-b, #hitler-adolf, #mar-a-lago-palm-beach-fla, #mass-shootings, #mccullough-david, #parkland-fla-shooting-2018, #trump-donald-j, #united-states-politics-and-government, #uvalde-tex-shooting-may-24-2022

The Republican Party Is the Anti-Democracy Party

Republicans are attacking the electoral process at every level to realize their goals.

#conservatism-us-politics, #constitution-us, #democracy-theory-and-philosophy, #republican-party, #trump-donald-j, #united-states-politics-and-government

On Abortion, Kansas Voters Held the Line

In many ways, across state and even party lines, voters did it together.

#abortion, #biden-joseph-r-jr, #conservatism-us-politics, #constitution-us, #constitutions, #kansas, #nineteenth-amendment-us-constitution, #planned-parenthood-federation-of-america, #republican-party, #state-legislatures, #supreme-court-us, #supreme-courts-state, #tiller-george-r, #trump-donald-j, #united-states-politics-and-government, #wichita-kan, #womens-rights

You Want to Clean Up the House? Same Here

How to improve the House of Representatives.

#constitution-us, #house-of-representatives, #internal-sub-only-nl, #senate, #united-states-politics-and-government

There Are 100 People in America With Way Too Much Power

Here’s how to put them in their place.

#constitution-us, #elections, #electoral-college, #house-of-lords-great-britain, #internal-sub-only-nl, #republican-party, #senate, #united-states-politics-and-government

Religious Doctrine, Not the Constitution, Drove the Dobbs Decision

Women have become refugees fleeing their home states for reproductive health care that less than a month ago was theirs by right.

#abortion, #alito-samuel-a-jr, #constitution-us, #dobbs-v-jackson-womens-health-organization-supreme-court-decision, #religion-and-belief, #roe-v-wade-supreme-court-decision, #roman-catholic-church, #womens-rights

Joe Manchin Is a Symptom, but It’s the Senate That’s Sick

It’s no accident that climate legislation has repeatedly been passed in the House only to collapse in the Senate.

#constitution-us, #democratic-party, #elections-senate, #global-warming, #law-and-legislation, #united-states-economy, #united-states-politics-and-government

Why Overturning Roe Will Unleash a Legal Storm for the Supreme Court

Battles over laws related to abortion like criminalizing out-of-state travel for the procedure will intensity in the legal system.

#abortion, #alito-samuel-a-jr, #constitution-us, #dobbs-v-jackson-womens-health-organization-supreme-court-decision, #kavanaugh-brett-m, #law-and-legislation, #same-sex-marriage-civil-unions-and-domestic-partnerships, #state-legislatures, #states-us, #suits-and-litigation-civil, #supreme-court-us, #thomas-clarence, #united-states

What a Reckoning at the Supreme Court Could Look Like

Biden’s Supreme Court commission report offers a thorough and at times exciting way to think about court reform.

#biden-joseph-r-jr, #constitution-us, #democratic-party, #hamilton-alexander, #mcconnell-mitch, #republican-party, #supreme-court-us, #term-limits-political-office, #trump-donald-j, #united-states

Next Time Trump Tries to Steal an Election, He Won’t Need a Mob

Conservatives want to give state legislatures the power to overturn presidential elections, but their case is built on a fundamentally flawed premise.

#constitution-us, #constitutions, #electoral-college, #law-and-legislation, #politics-and-government, #presidential-election-of-2020, #republican-party, #state-legislatures, #trump-donald-j, #united-states-politics-and-government

Republicans Have Set Themselves Up for a Showdown With the Supreme Court

Two conservative critiques of the administrative state are in contradiction with each other.

#constitution-us, #courts-and-the-judiciary, #environmental-protection-agency, #law-and-legislation, #regulation-and-deregulation-of-industry, #republican-party, #supreme-court-us, #trump-donald-j

How Liberals Lost the Constitution — And How to Win It Back

The legal scholar Larry Kramer on why the left’s embrace of judicial supremacy was a mistake.

#audio-neutral-informative, #constitution-us, #democratic-party, #larry-kramer, #law-and-legislation, #republican-party, #supreme-court-us

Did the Supreme Court Open the Door to Reviving One of Its Worst Decisions?

Lochner v. New York, a 1905 decision on labor law, is imprinted on today’s law students as an example of bad jurisprudence. But those old days could be returning.

#constitution-us, #constitutional-amendments, #fourteenth-amendment-us-constitution, #supreme-court-us

The National Ambitions of States’ Rights Reactionaries

Will a red-state social order be imposed on the rest of the country?

#conservatism-us-politics, #constitution-us, #federal-state-relations-us, #internal-sub-only-nl, #republican-party, #segregation-and-desegregation, #states-us, #supreme-court-us

The Supreme Court Is the Final Word on Nothing

It, too, can be checked and balanced.

#black-people, #constitution-us, #constitutional-amendments, #elections-house-of-representatives, #fourteenth-amendment-us-constitution, #law-and-legislation, #madison-james-1751-1836, #states-us, #storming-of-the-us-capitol-jan-2021, #united-states-politics-and-government

On Guns, a Supreme Court Head-Scratcher: Is a Colonial Musket ‘Analogous’ to an AR-15?

And other questions about gun regulations then and now.

#barrett-amy-coney, #constitution-us, #firearms, #gun-control, #kavanaugh-brett-m, #law-and-legislation, #new-york-city, #roberts-john-g-jr, #second-amendment-us-constitution, #senate, #supreme-court-us, #thomas-clarence, #united-states

A Powerful Court

In other advanced democracies, the courts are more restrained.

#constitution-us, #internal-storyline-no, #law-and-legislation, #politics-and-government, #supreme-court-us

Dobbs Is Not the Only Reason to Question the Legitimacy of the Supreme Court

America’s age of norms is over.

#abortion, #constitution-us, #courts-and-the-judiciary, #dobbs-v-jackson-womens-health-organization-supreme-court-decision, #mcconnell-mitch, #supreme-court-us

How to Discipline a Rogue Supreme Court

Make use of the constitutional system.

#constitution-us, #democratic-party, #internal-sub-only-nl, #law-and-legislation, #supreme-court-us, #united-states-politics-and-government