1:41 PM, Jun 30, 2014 • By DANIEL HALPER
The White House says "the constitutional lawyer in the Oval Office disagrees" with the Supreme Court's decision today on the contraceptive mandate in Obamacare:
"Well, as the constitutional lawyer who sits in the Oval Office would tell you is, he would read the entire decision before he passed judgment in terms of his own legal analysis. What we have been able to assess so far ... is that there is a problem that has been exposed, which is that there are now a group of women of an indeterminate size who no longer have access to free contraceptive coverage simply because of some religious views held, not by them necessarily, but by their bosses," said White House press secretary Josh Earnest.
"We disagree and the constitutional lawyer in the Oval Office disagrees with that conclusion from the Supreme Court. And that's why we--primarily, because he is concerned about the impact it could have on the health of those women."
10:05 AM, Jun 27, 2014 • By ADAM J. WHITE
Two and a half years ago, President Obama tired of the Senate's refusal to confirm several of his nominations. Dissatisfied with the Constitution's general requirement that the president make appointments only after receiving the Senate's "advice and consent," he chose a more direct route.
1:34 PM, Jun 26, 2014 • By TERRY EASTLAND
In NLRB v. Noel Canning, whatever the differences between the bare majority of five justices led by Justice Breyer and the four dissenters for whom Justice Scalia wrote, there is no question between the contending sides that President Obama acted unconstitutionally in making three ostensible recess appointments to the National Labor Relations Board.
4:51 PM, Jun 13, 2014 • By JEFFREY H. ANDERSON
If there is any realm of policy that the American Founders were most firmly committed to having be decided by the most representative branch — the Congress — it was presumably the realm of taxation. Those who wrote the Constitution were not content even to let the Senate initiate tax policy. Instead, Article I, Section 7 of the Constitution specifies, “All Bills for raising R
1:32 PM, Jun 10, 2014 • By DANIEL HALPER
Nancy Pelosi is fundraising to amend the Constitution of the United States.
"You might miss out on history," she writes in an email sent out on the Mother Jones email list.
"931,561 people and counting have added their name calling for a Constitutional amendment to end Citizens United.
1:05 PM, Jun 3, 2014 • By ADAM J. WHITE
From 2005 through 2008, legal scholars and Democratic politicians heaped relentless scorn upon the Bush administration for arguing that the president's constitutional commander-in-chief powers superseded statutes that might limit his discretion.
8:02 AM, Apr 24, 2014 • By JEFFREY H. ANDERSON
It is becoming increasingly hard to tell whether Obamacare is the law of the land, or just the law of the parts of the land that don’t reside in (or aren’t in the good graces of) the executive branch. One wonders: Is it really too much to expect an administration that championed the passage of a 2,700-page overhaul of American medicine to live by the same law it was so eager to impose on others?
The Framers of the Constitution, that’s who.Jan 20, 2014, Vol. 19, No. 18 • By DAVID M. WAGNER
As an institution, the jury—especially in civil cases—is having a bad run these days. Nobody likes that summons in the mail (even though clerks-of-court in the electronic era have figured out ways to make jury service less of a hassle).
11:31 AM, Nov 18, 2013 • By DANIEL HALPER
Democratic congressman Nick Rahall says he voted for the Keep Your Health Plan Act because President Obama's Obamacare fix lacked the "legal underpinning" he believes is necessary:
"Did you vote yes because you think that the president didn't go far enough?" a CBS reporter asked the congressman.
"I voted yes, perhaps that was part of the reason," said Rahall. "But the main reason was, I'm not sure he had the legal underpinning to do what he did."
2:40 PM, Nov 15, 2013 • By JEFFREY H. ANDERSON
Remember back (a few short weeks ago) when the Democrats were arguing that Obamacare was the law of the land, that it hadn’t been struck down by the Supreme Court (as if avoiding that ignominious fate by a razor-slim 5-4 vote were a selling point), and that Republicans—and the American people—just needed to get over it and accept Obamacare as settled law forevermore? Well, it now appears what they meant was that, while the American people are powerless to change (or repeal) the law that the Democrats passed, the Democratic president can do so at his whim. Apparently, the federal lawmaking authority has now moved to the other end of Pennsylvania Avenue.
9:06 AM, Oct 2, 2013 • By DANIEL HALPER
John McCormack reports on Twitter that a World War I Memorial is closed due to the federal government shutdown. However, a sign posted by the National Park Service says that despite the memorial's closure, there is an exception "for 1st Amendment activities."
8:24 AM, Sep 24, 2013 • By JERYL BIER
Speaking last Wednesday at the Center for American Progress (CAP), Democratic Leader of the House Nancy Pelosi became a little confused at one point, stumbling over her words and flipping through her notes while referencing one of the founding documents of the United States. Rep. Pelosi was recalling an early women's rights convention held in Seneca Falls, New York 165 years ago.
2:04 PM, Sep 9, 2013 • By DANIEL HALPER
Michael Zuckert of the University of Notre Dame will give the Constitution Day lecture at AEI. Details:
Slavery and the Constitution: An immoral compromise?