When the Obama administration decided that it had no interest in preventing the movement of undocumented aliens from Mexico into the southwest United States, the State of Arizona decided to take matters into its own hands. Based on a novel theory of constitutional law, namely, that if a state is unhappy with the manner in which federal law is being enforced or not being enforced, it can step into the shoes of the feds and enforce federal law as it wishes the feds would, it enacted legislation to accomplish that. The legislation created two conflicts that rose to the national stage. The first ...
Republican members of Congress and what masquerades as a “conservative” media are outraged that the Obama administration intends to try in federal court Khalid Sheikh Mohammed, the ...
Are we at war—or not? For if we are at war, why is Khalid Sheikh Mohammed headed for trial in federal court in the Southern District of New York? Why is he entitled to a presumption of ...
When openly gay college student Matthew Shepard was targeted, tortured and murdered in 1998 the story made national headlines. Soon after, MTV sent a camera crew down to ...
Authors of serious books seldom have cause to celebrate, but Larry Stratton and I have two reasons to open the champagne. Crown Publishing, a division of Random House, has ...
[Editor’s note: see also rounds 1-3 of our debate on originalism, interpretation, and whether the Constitution actually means anything. Austin Bramwell, “Original ...
Austin Bramwell says that I argue, "the Constitution grants the Federal government [sic] a handful of limited powers, but leaves the states free to govern as they like." ...
Since the days of Ronald Reagan and Edmund Meese, the Republican Party's position has been that judges should be bound by the people's understanding of a particular constitutional ...
When Republicans were warned not to give Sonia Sotomayor the drubbing Democrats gave Robert Bork and Sam Alito—lest they be perceived as sexist and racist by women and ...
Every so often, an action hit comes out of nowhere"Mad Max, Terminator, Ricci v. DeStefano. Inevitably, we start hoping that the big budget follow-up can keep the same ...
Republicans have been given fair warning. Should GOP senators treat Sonia Sotomayor as contemptuously as Democrats treated Robert Bork, Clarence Thomas and Sam Alito, they ...
On Monday, June 29, 2009 the U.S. Supreme Court ruled for the plaintiffs, a group of white firefighters, in the case of Ricci v. DeStefano. According to the Court, New Haven, ...
Having lost the Congress in 2006 and the White House in 2008, Republicans are looking to redefine themselves for a nation that still leans conservative but is less Republican that ...
If the U.S. Senate rejects race-based justice, Sonia Sotomayor will never sit on the Supreme Court. Because that is what Sonia is all about. As the New York Times reported ...
President Obama admittedly chose Sonia Sotomayor in part because of her “varied experience.” Sotomayor finds much worth in the “richness of her ...
When you think about it, Sonia Sotomayor is the perfect pick for the Supreme Court—in Barack Obama’s America. Like Obama, himself a beneficiary of affirmative ...