Post Tagged with: "US Constitution"

Judicial Nominations as We Face Two Milestones

Judicial Nominations as We Face Two Milestones

January 24, 2013 at 8:30 am 0 comments

by Frank Scaturro The presidential election of 2012 passed, as most others have, with little focus by voters on the issue of judicial nominations. Yet there are few other issues nowadays on which a president’s decisions can be so impactful.  The life-tenured judges he appoints continue to impact the country […]

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Judge’s Mandatory Church Attendance Does Not Violate the U.S. Constitution

Judge’s Mandatory Church Attendance Does Not Violate the U.S. Constitution

January 8, 2013 at 9:00 am 0 comments

by Adam Freedman Can a judge sentence you to church?  An Oklahoma judge’s decision to require a youthful offender to attend church has provoked near-universal criticism as an unconstitutional breach of religious freedom.  But the conventional wisdom is wrong: the judge’s sentence does not violate the Constitution. Shortly before Thanksgiving, […]

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How Civil Libertarians Should Think About Drone Warfare

How Civil Libertarians Should Think About Drone Warfare

October 31, 2012 at 10:30 am 0 comments

by Jonathan Tkachuk Much has been made regarding the increased use of drones by the U.S. government in its war against Al-Qaeda and other Islamist extremists. This seemingly detached method of warfare has been critiqued on the grounds that it is both ethically indefensible and strategically foolish. While both critiques deserve […]

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The Dubious Argument that the Establishment Clause Bars Pro-Life Laws

The Dubious Argument that the Establishment Clause Bars Pro-Life Laws

October 25, 2012 at 10:15 am 2 comments

by Jessica Bell I’ll admit it: I read comments on online news stories. I like to get a sense of the opinions of laypeople who are motivated enough about a topic (or have enough free time) to weigh in. I have found that whenever the topic of abortion arises, invariably […]

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Turning Private to Public:

Turning Private to Public:

October 15, 2012 at 8:30 am 1 comment

How the First Amendment Can Inspire a Fairer Economy by Matt Cavedon One of the most noble, and difficult, tasks of a democratic society is to turn the political efforts of individuals and groups away from seeking their gain at the expense of others, and towards an order which serves […]

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Tackling the “Mystery of Life”

Tackling the “Mystery of Life”

October 2, 2012 at 9:00 am 0 comments

John D. Shea Part II of II In Part I, Mr. Shea explained that the Supreme Court Jurisprudence avoids the question of fetal person. In Part II, Mr. Shea discusses three of the most prominent strategies aimed at exploiting this gaping hole in the Court’s abortion jurisprudence.  It may come as […]

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Constitutionalism

Constitutionalism

September 19, 2012 at 8:00 am 2 comments

by Prof. Patrick Garry Our electronic media culture reinforces an ever-shortening attention span. It focuses all attention on the immediate, the here and now. The past seems to disappear as quickly as a plate of cookies in the employee lounge. But no matter how much sensationalism is crammed into 24-hour […]

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Casey, Originalism, and the Moral and Legal Personhood of the Unborn

Casey, Originalism, and the Moral and Legal Personhood of the Unborn

September 18, 2012 at 11:00 am 3 comments

by Ryan Mulvey Twenty years ago, in Planned Parenthood v. Casey,  the Supreme Court was given the opportunity to revisit the question of a woman’s so-called “right” to obtain an abortion before her unborn child’s “viability.”  Encouraged by the recent appointments of Justices Clarence Thomas and David Souter, pro-life advocates […]

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Just Say No to Positive Rights

Just Say No to Positive Rights

September 17, 2012 at 9:15 am 2 comments

by Matt Cavedon The Center for Economic and Social Rights (CESR) says that “the United States stands virtually alone in the world as an opponent of economic and social rights,” and that this is especially troubling in the face of calls for government austerity, which threatens the “inherent human rights” […]

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