Constitution

What If the Federal Government Begins Defying Court Orders?

Would a determined executive ever fall back in the end on the core power asymmetry between the two branches—it has guns, and the judges don’t?

A Constitutional Republic for Iraq

As the statue of Saddam Hussein came crashing down, President Bush told the Iraqi people, "You deserve better than tyranny and corruption and torture chambers. You deserve to live as free people. And I assure every citizen of Iraq: your nation will soon be free."...

Nike, Free Speech and the Constitution

Nike v. Kasky presents the Supreme Court with an opportunity to undo some of the constitutional damage resulting from the so-called "commercial speech doctrine," the Court's test for deciding whether self-interested speech is entitled to First Amendment protection....

Remember the Constitution

"In every generation, the world has produced enemies of human freedom," President Bush reminded us in his remarks at the National Cathedral. "They have attacked America because we are freedom's home and defender, and the commitment of our fathers is now the calling of...

Ignorance or Contempt of the U.S. Constitution

Congressmen, presidents and Supreme Court justices take an oath of office swearing to uphold and defend the U.S. Constitution. As if the Constitution itself isn't clear about what they must do, in Federalist Paper No. 45, James Madison, the acknowledged father of the...

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