Based on a strict reading of the Constitution, a sitting President probably does have the power to pardon himself. That doesn’t mean he should be allowed to get away with it without consequence.
In an exceedingly narrow ruling, the Supreme Court sided with a Colorado baker who refused to bake a cake for a same-sex wedding reception. However, the ruling did not address the broader issues raised by the case.
Echoing the Obama Administration, the Trump Administration is arguing that it did not need Congressional authorization to attack Syria earlier this year.
Earlier this week, the Illinois legislature ratified the Equal Rights Amendment. What’s unclear is if this act has any meaning at all.
Yesterday, the Supreme Court ruled that a police officer violated the Fourth Amendment when he conducted a search on a vehicle parked in a Defendant’s driveway without a search warrant.
President Trump’s response to the N.F.L.’s new National Anthem policy is as narrow-minded and divisive as you’d expected it to be.
A Federal Judge in New York has ruled that President Trump cannot block users from reading his tweets.
The requirement that the President be a “natural born citizen” is a historical anachronism that has outlived its usefulness or necessity.
Without Congressional authorization, any attack on Syria would be illegal, but don’t expect Congress to do anything about it.
A group of twenty states have revived an old argument to mount a new legal challenge to the Affordable Care Act.
Continuing a long-standard tradition, the Trump Administration claims it doesn’t need to get legal authorization to keep American troops in Syria.
Maryland and the District of Columbia are suing President Trump based on alleged violations of two provisions of the Constitution that have never been litigated before.
Wherein a law professor makes the absurd argument that the Electoral College, which exists pursuant to the Constitution, is unconstitutional.
Congressional term limits are a good idea, but they are only a partial solution at best and may not be the best solution to the problems facing our political system.
A New Jersey judge, along with a Judge in Pennsylvania, is among the first to rule on the meaning of the ‘natural born citizen’ clause.
Alabama Supreme Court Chief Justice Roy Moore tells Probate Judges they should not issue marriage licenses to same-sex couples, in clear defiance of the law and his duties as an officer of the Court.
Yesterday, the British Parliament debated the expansion of that nation’s military strikes against ISIS. For more than a year, our cowardly Congress has failed to even hold one debate or vote on America’s role in that conflict.
As expected, the Republican-controlled House passed a bill that would ban most abortions after twenty weeks. It also happens to be completely unconstitutional and has no chance of actually becoming law.
Two Duke University academics make an incredibly weak, ultimately unpersuasive, argument in favor of eliminating midterm elections by changing the length of Congressional terms.
Would increasing the size of the House of Representatives be the cure for what ails Congress?
A Federal Appeals Court has rejected a challenge to Obamacare based on a somewhat obscure provision of the Constitution.
A Silicon Valley businessman says he has enough signatures to get it on the ballot, but the plan to break California up into six states is most assuredly going nowhere.
A clash over Separation Of Power and the Imperial Presidency, coming soon to a Federal District Court in Washington, D.C.
Good intentions and good results aside, the President’s disrespect for the Rule Of Law should concern everyone.
Someone needs to give the Mayor of Warren, Michigan a lesson on what the First Amendment means.
David Brooks thinks that the problem with American Government is that the Presidency isn’t strong enough.
Contemporary Americans accept actions by the state that were once the cause for revolt.
Yesterday’s coup in Egypt, a day before we celebrate our own independence, reminds us of something else worth celebrating.
The Supreme Court accepts what will likely be one of the most important cases of its upcoming term.
Did the Founding Fathers make it too hard to amend the Constitution? No, they didn’t.
A case pending in Maryland raises the question of when boorish online behavior crosses the line from protected speech to criminal act.
Florida’s new law requiring welfare recipients to pass drug tests seems to clearly violate the Fourth Amendment.
Is America’s political system to blame for our current problems?
The Obama administration is arguing the 14th Amendment renders the debt ceiling moot.
While the Constitutionality of the War Powers Act is indeed dubious, the fact that it was passed over Nixon’s veto isn’t the reason.
Thanks to an appearance on Hardball we’ve got another story about a 47 year old law.
An Alabama legislator wants to ban the use of Islamic law in the state’s courts — just in case Muslims take over.
A New York judge has sided with comedian Jerry Seinfeld in a bizarre lawsuit by a crazy woman who writes cookbooks.
Huge news in the marriage equality debate today as the Obama Administration has decided not to defend the Defense of Marriage Act in court anymore.
Arizona looks to be the latest state to try to revive the discredited doctrine of nullification.
I don’t like it when things my allies say are misquoted and attacked; it’s no better when my allies do it.
Some Republican Senators-elect are imploring Harry Reid not to consider any treaties during the lame duck session.
Why would returning to the system of allowing state legislatures to choose Senators improve representation?
Sarah Palin decided to get involved in the “Doctor Laura” Schlessinger controversy, and in the process displayed a blatant misunderstanding of the First Amendment.
In the first entry in this series we looked at a basic question of democratic theory. In this one, we look at whether the EC ever worked as the Framers intended.
