The simple fact is that, under the Constitution, the government cannot be forced to disclose internal documents of a kind that have not traditionally been made public.
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Of all the next-level questions that were stirred up by the Supreme Court’s rulings in 2008 and 2010, the most significant was whether that right was available only within one’s home, or whether it reached at least some places in public.
As long ago as the late 19th Century, the Supreme Court began recognizing that, in American law, it would be an illegal assault to require an individual to undergo a medical procedure without that person’s consent.
Ten years have passed since the U.S. government opened the military detention facility at the U.S. Naval base at Guantanamo Bay, Cuba, symbolizing an energetic effort to round up suspected terrorists. Perhaps a decade might have been long enough for the constitutional issues over war-on-terrorism policies to get settled. That hasn’t happened, though.
In a continuing series of posts, Lyle Denniston provides responses based on the Constitution and its history to public statements about the meaning of the Constitution and what duties it imposes or rights it protects. Today’s topic: the future of college admissions policies based on race. The statement at issue: “I think it’s ominous. It […]