Search Results ""constitution check""

Constitution Check: Can a state close its borders entirely to undocumented immigrants?

Posted 1 year, 11 months ago.

By

It may be that, when the Supreme Court rules on state power to monitor and restrict the activities of people who have entered the U.S. illegally and remain without permission, the Justices will give states additional authority.

Tags: Antonin Scalia Arizona Federalism Hines v. Davidowitz S.B. 1070 The Federalist Papers

Constitution Check: Can reporters be barred from using social media during a criminal trial?

Posted 2 years, 0 months ago.

By

Between the extremes of a hands-off attitude and assigning blame for destroying courtroom decorum, trial judges have very wide discretion to decide how to run their courtrooms.

Tags: Jennifer Hudson Social Media Twitter

Constitution Check: Do lower court judges have a right to criticize the Supreme Court?

Posted 2 years, 0 months ago.

By

The First Amendment’s guarantee of free speech does not have an exception for federal judges, so the only restraint on what they say publicly–in court or outside–is their sense of ethical propriety.

Tags: David B. Sentelle Janice Rogers Brown Orin Kerr

Constitution Check: Would the Supreme Court uphold a ban on Super PACs closely linked to candidates?

Posted 2 years, 0 months ago.

By

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.”

Tags: Buckley v. Valeo Citizens United v. Federal Election Commission Democracy 21 Federal Election Commission Fred Wertheimer Super PAC

Constitution Check: Would an elected Supreme Court get more respect?

Posted 2 years, 0 months ago.

By

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.

Tags: Alexander Hamilton Barack Obama Constitutional Convention Federalist Papers Gordon Wood Joseph R. Grodin Maureen Dowd Patient Protection and Affordable Care Act