Constitution

Rendering Judgment

In the wake of the Bush administration, Americans are debating the meaning and importance of the rule of law. With Justice David Souter’s resignation, that discussion has intensified.   Most legal analysts give Souter high marks, and it is worth considering why. Souter was a brilliant and accomplished legal scholar, but there are many equally [...]

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Constitutional Culture

As Americans prepare to go to the polls, the nation is teetering on the edge of an economic meltdown. If we are to avoid electing someone who will make things even worse—never mind beginning to turn things around—it behooves us to consider how and why we are in this mess. Permit me to suggest that [...]

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Of Guns and Guantanamo

Last month, the Supreme Court was an equal-opportunity disappointer, handing down one decision that enraged conservatives and one that outraged liberals. Permit me to make myself even more unpopular than usual (no mean feat) by suggesting that both decisions were correct. The first ruling came in Boumediene v. Bush, in which the Court upheld the [...]

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Alternate Universe Cheney

Amazing. In his most recent bid to avoid anything remotely similar to accountability, Dick Cheney has taken the position that the Vice-President of the United States is not part of the Executive Branch.   That sound you hear is generations of Constitutional law professors dropping their teeth.   A bit of backgound: The National Archives [...]

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The Nanny State–On Steroids

Op Ed Submission                                                        Sheila Suess Kennedy January 21, 2007                                                          500 words   A Nanny State on Steroids                                                                                   You might think the Bush Administration would reconsider some of its more “creative” constitutional positions in the wake of the midterm elections. You would be wrong.   On January 11th, Deputy Assistant Secretary of Defense Charles [...]

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