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Constitution Check: Would the Supreme Court uphold a ban on Super PACs closely linked to candidates?
One word has always turned up in a string of modern constitutional rulings by the Supreme Court loosening federal controls on campaign spending. That word is “independent.”
Too often in American politics, a critic of something the Supreme Court has done or that it might do makes a complaint about “unelected judges” overturning the work of elected legislatures.
The Constitution in the news this week: cell phone tracking, teens on Twitter, the Supreme Court’s ruling on strip searches, President Obama’s civics lesson, and same-sex couples on immigration.
James Madison’s concept of the separation of powers of the national government has always been thought to be a stroke of genius because it guaranteed a good deal of independence of the three major branches so that they could check each other, to prevent tyranny.
As of now, “stand your ground” laws are a matter of state law only, but could in time provide the means to implement a right nationwide if self-defense were ultimately to emerge as a guaranteed right under the Constitution.