Jan 26
Constitution Check: Where does the campaign against Citizens United go next?
Because the Constitution makes it so difficult to add an amendment to it, and because there is such a deep disagreement about the role that money is to play in American politics, the chances that an anti-Citizens United amendment will gain enough support to pass remain slim, at best.
Jan 24
Tonight: Obama’s judicial audience
Editor’s note: as President Obama delivers his State of the Union Address tonight, the National Constitution Center will host a viewing party and will be live blogging on Constitution Daily. Of all the people who crowd into the Capitol for tonight’s State of the Union address, few will have as much power to influence President… [Continue Reading]
Jan 19
Students, MySpace, and the First Amendment
It has long appeared to be a basic legal principle that, while public school officials are the masters of their own domain, they generally do not have authority elsewhere — unless they can show that off-campus activity directly implicates the operation of the schools.
Jan 17
Constitution Check: Do civil rights laws protect church employees?
While lower courts for years have often recognized a “ministerial exception” to federal, state and local laws against discrimination in the workplace, the Supreme Court itself had never done so. Although bold in some ways, the decision was, in fact, quite cautious.
Jan 12
Elections, Money and the Limits of Constitutional Logic
In 1921, when Benjamin Cardozo was a justice on New York’s highest state court (about a decade before he would become a Supreme Court Justice), he cautioned in a famous lecture series that logic could become too strong a driving force as judges decided cases.
