Article IX

With a number of States now considering bills to thwart the implementation of Obamacare or legislation to turn off resources like water and power to National Security Agency facilities around the country, a number of political commentators are weighing in.

If Congress takes seriously the idea that there needs to be an advocate of privacy, trying to protect the public from the intrusion of the government’s massive sweep of telephone data in search of terrorists, it will not find a ready answer in the Constitution on the legality of such a move. And, it appears, Congress will also run directly into significant opposition from within the federal courts themselves, whose leaders see no real need for such an office.

Thursday, January 16, 2014

A New York Times report on the imprisonment of a journalist may have underplayed how chilling the case is... On Monday I highlighted the case of Roger Shuler, an Alabama blogger currently under indefinite detention in a state prison after refusing to remove items from his blog in adherence to an injunction ruling. His detention is a striking abrogation of First Amendment protections.

Tuesday, January 14, 2014

On Tuesday, Citizens United announced a campaign to raise awareness about a proposed Constitutional amendment that would prohibit members of Congress from exempting themselves from federal laws. H.J. Resolution 55, sponsored by Congressmen Ron DeSantis (R-FL) and Matt Salmon (R-AZ), has been introduced in order to stop the sort of abuses attendant on the passage of Obamacare, in which members of Congress crafted waiver language carving them out of laws they meant to prescribe on everyone else.

One of the biggest political changes that 2011 brought — in large part due to the tea parties and their effect on the 2010 election — is the centrality of the Constitution to our public discourse. Lawmakers and citizens no longer consider simply whether a given bill or policy proposal is a good idea but whether it is constitutional. “Where does the government get the power to do that?” is often critics’ rallying cry.

Tuesday, December 10, 2013

According to court documents, police entered Lugo's home on Sept. 2, 2012, as her family was celebrating Labor Day. Police stopped and questioned her son Edwin Avellanet as he was outside throwing out garbage and asked for identification, the lawsuit says. When he refused to show any, officers allegedly grabbed his right arm and Avellanet broke free and ran into the building... When inside, police allegedly struck Avellanet two or three times with a hard object, struck their friend in the face and threw a woman into the dresser with the bird cage on it, court documents say.

Monday, November 18, 2013

Jeffrey Rosen is bullish on the Constitution: “I have some optimism that Constitutional discussions can lessen the political polarization we see today,” the recently appointed president and CEO of the National Constitution Center said in an interview with The Hill.

Tuesday, November 12, 2013

Forty Republican members of Congress have filed an amicus brief in a federal appeals court that will hear a constitutional challenge to Obamacare, Roll Call reported Tuesday.

Monday, November 11, 2013

A Massachusetts politician has put forth a proposal to allow local police to enter homes without a warrant in order to inspect whether gun owners are properly storing their firearms.

Ted Cruz, a constitutional scholar as well as U.S. senator from Texas, thinks he has figured out what the administration is up to. “Find any nation in the world,” he says, “negotiate a treaty agreeing to do what you couldn’t do otherwise, and if the Senate ratifies it — and by the way that means you can cut the House of Representatives out of everything — then suddenly the federal government has authority it didn’t have before.” Essentially, the case could turn the whole of the founding document into a dead letter.

Thursday, September 19, 2013

The Constitution guarantees the right to free speech, but don’t try to pass out copies of it at Modesto Junior College in California. A student at the school who tried to pass out pocket-size pamphlets of the very document that memorializes our rights got shut down on Sept. 17 – a date also known as Constitution Day.

Tuesday, September 17, 2013

Today marks the 226th anniversary of the Constitution of the United States, and with each passing year, we seem to become more ignorant of its contents and intent. The fact that the subject of Civics has given way to more “politically correct” subjects in our public school curricula may be one of the root causes of the problem, but there is no excuse for our 537 federally-elected officials to be unfamiliar with its substance.

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