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Search Results for: constitution – Page 3

Public Discourse

Thanksgiving and the Constitution

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Strict separation of church and state would require us to throw out Thanksgiving as a religious holiday proclaimed by the president. Instead, we should embrace Thanksgiving and throw out strict separationism as a misguided interpretation of the Constitution.
Public Discourse

How to Avoid an Unconstitutional War: A Beginner’s Guide for Presidents and Congresses

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Without authorization from Congress, American presidents can only start unconstitutional wars, even if they are motivated by good intentions.
Public Discourse

The Constitutionality of Protecting Unborn Babies at 20 Weeks

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There is nothing in the text, history, or tradition of the U.S. Constitution that precludes extending the most basic protections of the law to twenty week-old (or older) unborn children who are capable of experiencing pain. Adapted from testimony delivered on July 8th before the Texas State Senate Committee on Health and Human Services.
Public Discourse

Marriage, the Court, and the Erosion of Constitutional Democracy

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What future does democratic self-government have in our country if same-sex marriage supporters are willing to undermine it through the courts?
Public Discourse

Abortion and the Constitution in Another Forty Years: A Right to Life for 2053

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As we recognize the fortieth anniversary of Roe v. Wade, pro-lifers should consider supporting a constitutional amendment to abolish abortion forty years from now.
Public Discourse

Stripping the Constitution

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Adam Freedman’s stark proposal in The Naked Constitution that we strip our founding document of its modern and academic glosses shows us that we need to take structural reforms to our Constitution seriously.
Public Discourse

Constitutions, Culture, and the Economy

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Constitutional law has often been used to shape economies, but there are limits to the law’s ability to influence economic culture, especially when societal priorities no longer accord with constitutional principles.
Public Discourse

Slavery and the Constitution

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Slavery was a great evil, but the Constitution was neither its source nor its guarantor.
Public Discourse

Planned Parenthood v. Casey at Twenty: The Worst Constitutional Decision of All Time

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In its effects, methodology, substantive doctrine, conception of the judicial role and of judicial authority, and conception of what constitutes the rule of law, Casey is terribly significant and terribly wrong. The first in a two-part series on the deadly significance of Planned Parenthood v. Casey.
Public Discourse

A Constitutional and Wise Way to Protect the Unborn: A Response to Paul Linton

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We should pass Unborn Child Protection Acts and begin the conversation about the pain of the unborn.
Public Discourse

The Pain-Capable Unborn Child Protection Act: Unconstitutional and Unwise

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The Pain-Capable Unborn Child Protection Act does not deserve the support of the public because it is unconstitutional and represents poor public policy.
Public Discourse

Profiling and the Constitution

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Though racial and religious profiling offends our better feelings, it is nevertheless constitutional.
Public Discourse

The Westboro Problem: Free Speech, Public Decency, and Constitutional Doctrine

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A recent appellate court ruling in favor of a Westboro Baptist protester shows the decline of judicial ability to protect decency standards for public discourse.
Public Discourse

Pornography, Public Morality, and Constitutional Rights

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Every member of the community has an interest in the quality of the culture that will shape their experiences, their quality of life, and the choices effectively available to them and their children.
Public Discourse

Empower Parents: Restore the Constitution by Returning Educational Policy to the States

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Presidential candidates in the 2012 election must be prepared to protect the interests of parents and children nationwide by rolling back the progressive education agenda and returning to the states their constitutional power to make decisions about education.
Public Discourse

The Debt Ceiling and the Constitution

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The attempts by both the right and the left to politicize our Constitution must be firmly rejected for the sake of our nation’s health and prosperity.
Public Discourse

Obama, DOMA, and Constitutional Responsibility

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President Obama’s decision to refuse to defend DOMA is not an act of executive assertion so much as an expression of deep deference to the courts.
Public Discourse

Natural Law, Natural Rights, and American Constitutionalism

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Announcing the preview of a new online resource from the Witherspoon Institute

Constitutional Illusions

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Why do settled principles such as prior restraint or ex post facto laws exist in our jurisprudence? Hadley Arke's Constitutional Illusions and Anchoring Truths: The Touchstone of the Natural Law examines landmark cases in law in order to sketch both the mystery and natural law based necessity of key facets of American Constitutionalism. With Arkes' book as the impetus, Arkes and O'Brien further deliberate about the nature of natural law. 
Public Discourse

Constitutional Illusions

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A new book by Hadley Arkes draws attention to the contradictions and ambiguities of the republic’s jurisprudence.
Public Discourse

Where in the Constitution is “Separation of Church and State”?

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Misleading talk of "separation of church and state" obscures the true meaning of the First Amendment.
Public Discourse

Elena Kagan’s Living Constitution

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Kagan’s advocacy for a living constitution should kill her Supreme Court chances.
Public Discourse

Constitutional Questions About Health Care Reform

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Debates over health care reform have focused almost exclusively on policy. Few have considered whether Congress even has the constitutional authority to enact its proposed reforms. Fundamental constitutional issues—such as the scope of the commerce power, the right of individuals to religious liberty, and the different natures of federal and state authority—must be recalled in order to have a more fruitful debate.
Public Discourse

Constitutional Disorder in the Era of Judicial Supremacy: What Can be Done Now

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If we want to lower the stakes of winner-take-all Supreme Court battles, we must search for justices who reject the notions of judicial activism and judicial supremacy. The second in a two-part series.
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