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.
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]
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.
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.