"I was just sick and tired of Texas law that allowed the defendant to destroy the very evidence that we need to protect society." Starting September 1st, police in Texas will be able to draw blood for alcohol testing from anyone involved in an auto accident without a warrant. Lauded by law enforcement officials such as Williamson County DA John Bradley (quoted above), and Dallas Police Chief David "we believe in the no-refusal process," Kunkle, it has others worried about what happens if someone refuses the test.
posted by nushustu on Aug 25, 2009 - 121 comments

Today, on the last day of this year's term, the Supreme Court of the United States issued its opinion in Ricci v. DeStefano, the latest in the Court's line of decisions on Title VII and the role of race in employment decisions. The famous case centers on white firefighters' claims of race discrimination following the town of New Haven's decision to scuttle a promotion exam after white test takers performed disproportionately better than black firefighters. [more inside]
posted by Law Talkin' Guy on Jun 29, 2009 - 89 comments

A Gay Soldier's Husband — In the backdrop of the conservative activist Supreme Court's recent decision against hearing a challenge to the US military's "Don't Ask, Don't Tell" policy, one gay American relates the difficulties he faces having a partner on active duty in Iraq. In Iraq itself, death squads continue to murder gay and lesbian Iraqis, while American occupying forces look the other way.
posted by Blazecock Pileon on Jun 10, 2009 - 73 comments

The Obama Justice Department has released nine legal memos from the Bush administration that assert broad extra-Constitutional powers for the president. The memos assert that both the First and Fourth Amendments may be subordinated to the needs of wartime. [more inside]
posted by EarBucket on Mar 2, 2009 - 81 comments

In 2003 a school official ordered that a student be searched for the substance known as 2-[4-(2-methylpropyl)phenyl]propanoic acid. The case has now made its way to the United States Supreme Court. [more inside]
posted by mullingitover on Jan 16, 2009 - 99 comments

On 5 December 1933, 75 years ago today, Utah became the 36th state to ratify the Twenty-First Amendment of the United States Constitution, signalling the end of the Prohibition era.
posted by HaloMan on Dec 5, 2008 - 32 comments

The previously-mentioned Summums want to place their own monument in a park which contains the Ten Commandments, making the Supreme Court's heads explode in a a hilariously weird oral argument^[pdf]: "Scalia: I don't know what that means. You keep saying it, and I don't know what it means. [...] Breyer: Suppose that there certain messages that private people had like "eat vitamins"—and then somebody comes along with a totally different content, "ride the roller coaster," and they say this part of the park is designed to get healthy children, not put children at risk." [more inside]
posted by Non Prosequitur on Nov 13, 2008 - 116 comments

Crimes of Necessity On Oct. 14 2008 the B.C. Supreme Court handed down a landmark decision declaring that, due to the lack of adequate homeless shelters, it was unconstitutional for the City of Victoria to prevent homeless individuals from erecting temporary structures for protection from the elements. The ruling culminates a multi-year campaign by David Arthur Johnston to establish the "right to sleep". As the decision is based on an interpretation of Canada's Charter of Rights and Freedoms, the ruling applies to every municipality in Canada. In the wake of the decision, Victoria City Council passed a resolution which stipulates that such shelters must be removed by 7:00 each morning. [more inside]
posted by dinsdale on Oct 26, 2008 - 100 comments

Voters in Ecuador appear to have approved a new constitution yesterday, guaranteeing rights to clean water, universal healthcare, pensions, and free state-run education through the university level. It also may allow President Rafael Correa to remain in power until 2017. Particularly of note is a world first bill of rights for nature which grants inalienable rights to nature. [more inside]
posted by PercussivePaul on Sep 29, 2008 - 38 comments

When Judges Make Foreign Policy. "In a globalized, post-9/11 age, decisions made by the Supreme Court are increasingly shaping America's international relations. When the next justice is appointed, our place in the world may well hang in the balance."
posted by homunculus on Sep 29, 2008 - 11 comments

The Twelfth Amendment of the U.S. Constitution has serviced the two-party system since 1804, but not without controversy. Little known about Amendment XII is that it requires an absolute majority of over half of the electoral college to win, currently 270 out of 538. If not, as in the case of third party state victories, or a tie of 269 each, the House of Representatives then selects the president from the top three contenders, with each state delegation having only one vote (also requiring a majority). Here's what the selection might look like today, advantage Democrats. However, it is the newly elected House that gets to decide the issue by the following March 4th (with the current VP ascending by default of indecision).
posted by Brian B. on Sep 13, 2008 - 25 comments

Curfew is declared in a 10 block area of a small Arkansas town. [more inside]
posted by Daddy-O on Aug 13, 2008 - 90 comments

Texas executes Mexican national who was denied consul visit. [more inside]
posted by mrducts on Aug 6, 2008 - 121 comments

As the gay marriage fight unfolds in California, some gays (and others) are fighting back: one gourp is boycotting a rich hotel owner, others are standing apart and one is suing the Bible (who gets subpoenaed for that one?). Meanwhile, a key opponent to gay marriage keeps its doors open (and its ballot committee going) despite being suspended. They say they're working on it, but no changes yet.
posted by nospecialfx on Jul 10, 2008 - 34 comments

These are the documents that started it all. The Charters of Freedom. As the USA celebrates another Independence Day, the National Archives presents the historical development of the Declaration, the Constitution, and the Bill of Rights, and their impact upon the nation and the world.
posted by netbros on Jul 4, 2008 - 56 comments

“I actually ran it by a number of colleagues who teach administrative law and constitutional law,” Professor Duffy said, recalling his own surprise at finding such a fundamental and important flaw. He thought he must have been missing something. Law prof notices that every US patent approved since 2000 was approved unconstitutionally and thus are all probably invalid. Looks like he may be right. [more inside]
posted by Toekneesan on May 7, 2008 - 49 comments

“You could almost see their dicks getting hard as they got new ideas." A Vanity Fair reporter investigates the chain of command that tossed out the Geneva Conventions and instituted coercive interrogation techniques -- some might call them torture or even war crimes -- in Bush's Global War on Terror. UC Berkeley law professor John Yoo's now-obsolete 81-page memo to the Pentagon in 2003 [available as PDFs here and here] was crucial, offering a broad range of legal justifications and deniability for disregarding international law in the name of "self-defense." Others say that Yoo was just making "a clear point about the limits of Congress to intrude on the executive branch in its exercise of duties as Commander in Chief." [previously here and here.]
posted by digaman on Apr 3, 2008 - 76 comments

Texan judge rules $5 "pole tax" violates First Amendment rights. Further, Judge Scott Jenkins found no evidence to justify the purpose of HB 1751 (PDF), finding the anecdotal link of the patronage of strip clubs with a lack of health insurance and increased sexual assault rates for dancers insufficient, and ordered the state to pay the plaintiffs' legal fees. Activists are already looking to appeal Jenkins' ruling and reenact the tax. (Previously on Metafilter.)
posted by Blazecock Pileon on Apr 3, 2008 - 9 comments

A very special 'This American Life' about an administration with the endemic belief that laws only apply to the little people, and a limitless refusal to concede on even petty issues, no matter the costs. The highlight is about immigrant widows of US citizens (30:50). The program also discusses the constitutional beliefs of the presidential candidates. [more inside]
posted by East Manitoba Regional Junior Kabaddi Champion '94 on Apr 2, 2008 - 43 comments

Oral arguments were heard today in District of Columbia v. Heller, the first occasion in almost 70 years for the Supreme Court to decide the question, "Just what does the Second Amendment to the U.S. Constitution mean?"
posted by Law Talkin' Guy on Mar 18, 2008 - 104 comments

Is John McCain eligible to become president of the U.S.? He was born on a military base in the Panama Canal zone, which was not sovereign US territory. The Constitution provides:No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States. Is McCain a natural born citizen?
posted by caddis on Feb 28, 2008 - 217 comments

A Magistrate Judge in the U.S. District Court in Vermont has ruled that a man allegedly caught with child pornography on his laptop need not reveal his PGP password (yes, authorities shut down the laptop and now can't get at the alleged porn) pursuant to the Fifth Amendment's protections against self incrimination. The decision is here[PDF]. A decent write-up (from CNET of all places) is here. This appears to be the first decision ever to directly address this issue, and many commentators had thought it would come out differently. The major question is whether revealing one's PGP key is "testimonial" or not. According to the Supreme Court, giving up fingerprints or blood samples isn't, nor is standing for a lineup, nor is handing over the key to a safe, but if it's combination safe, well maybe that's different. Never let it be said that your Fifth Amendment rights are easy.
posted by The Bellman on Dec 15, 2007 - 57 comments

Secret Warrants Granted Without Probable Cause
posted by rxrfrx on Nov 22, 2007 - 79 comments

Two executives of the alternative newspaper chain Village Voice Media were arrested last night after running a story about grand jury subpoenas [PDF] they received seeking reporters' notes and information on who visits their Phoenix New Times Web site. The article, titled "Breathtaking Abuse of the Constitution," claims that the grand jury investigation stems from a long-running feud with controversial county sheriff Joe Arpaio (who calls himself "America's toughest sheriff"). The subpoenas demand New Times turn over all notes, tapes and records of the reporters who have ever written about Arpaio. The subpoenas also seek online profiles of anyone who read four specific articles about Arpaio and profiles of anyone who visited the paper's Web site since Jan. 1, 2004. Also sought is information on what Web users did while on the site. [more inside]
posted by ericb on Oct 19, 2007 - 58 comments

to gather information about Americans' phone records --... the NSA had approached the company (Qwest) about participating in a warrantless surveillance program to gather information about Americans' phone records. ...Nacchio's account, which places the NSA proposal at a meeting on Feb. 27, 2001, suggests that the Bush administration was seeking to enlist telecommunications firms in programs without court oversight before the terrorist attacks on New York and the Pentagon. The Sept. 11 attacks have been cited by the government as the main impetus for its warrantless surveillance efforts. ... -- The Administration's crimes and illegal spying on all of us and Quest's punishment for not going along with their plans.
posted by amberglow on Oct 13, 2007 - 76 comments

Never in History Have Generals Revolted Against a War Like They are About IRAQ. "I (insert name), having been appointed a (insert rank) in the U.S. Army under the conditions indicated in this document, do accept such appointment and do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter, so help me God." Unlike the enlisted folks, officers only swear an allegiance to the Constitution.
posted by augustweed on Sep 26, 2007 - 50 comments

But Is It War? A vigorous debate among three conservatives about the limits of post-9/11 executive power.
posted by brain_drain on Sep 7, 2007 - 25 comments

Constitutional Showdowns. Eric Posner and Adrian Vermeule analyze constitutional showdowns, ask what rate and level of showdowns would be socially optimal, and ask whether socially optimal showdowns will be supplied by government institutions acting to promote their policy preferences and institutional interests.
posted by dios on Aug 10, 2007 - 9 comments

Hey, do you know about the USA? Do you know about the government? Can you tell me about the constitution? Great! Now you're ready to celebrate The Shot Heard 'Round The World. Tonight, find yourself a little elbow room, enjoy Lady Liberty's greatest recipe, and watch the fireworks!
posted by Davenhill on Jul 4, 2007 - 44 comments

A very big day for the Supreme Court. In Morse v. Fredrick, the Court ruled that a school could suspend a child for holding up a "Bong HiTs for Jesus" banner. (Previous post here). In Hein v. Freedom from Religion, the Court held that taxpayers lacked standing to challenged Faith Based Initiatives (previous discussions). In Wilke v. Robbins, the Court held that land owners do not have Bivens claims if the federal government harasses landowners for easements. In FEC v. Wisconsin Right to Life, the Court held that the portion of the campaign finance law which had blackout periods before elections on issue advocacy advertising was an unconstitutional restriction of speech (other). This Thursday, the Justices will deliver their last opinions of the term, including a death penalty case and the school assignment cases. (Opinions are .pdfs)
posted by dios on Jun 25, 2007 - 224 comments

"Almighty God created the races white, black, yellow, malay and red, and he placed them on separate continents. And but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix." Thankfully, the Supreme Court disagreed, on June 12, 1967. Happy Loving Day.
posted by caddis on Jun 12, 2007 - 68 comments

Public gatherings restricted? Check. Shutdown of independent businesses? Check. Lockdown on traffic and transportation in the area? You bet. Lawmakers in Baltimore trying to curb the city's homicide rate (already 108 this year) have come up with some "desperate measures" of questionable constitutional legality, including heightening police presence in order to lockdown streets in "emergency areas." It has been called, "partial martial law" by some, and one has to wonder if the city of Baltimore may not do better to take a page from The Wire's Hamsterdam for a solution to their inextricably linked drug and homicide issues.
posted by dead_ on May 17, 2007 - 60 comments

New Justices, New Rules: How the Supreme Court's Validation of the Federal Partial-Birth Abortion Ban Act Affects Women's Constitutional Liberty and Equality. A two-part FindLaw analysis of Gonzales v. Carhart.
posted by homunculus on May 8, 2007 - 26 comments

Blog Against Theocracy --a blogswarm dedicated to the separation of church and state, ... Easter Weekend, April 6-8, 2007. Also see the non-profit joint venture between The Interfaith Alliance Foundation and Americans United for Separation of Church and State, First Freedom First.
posted by amberglow on Apr 6, 2007 - 51 comments

Maryland joins the ranks of states attempting to thwart the electoral college. Maryland's General Assembly approved a bill [PDF] to ignore the U.S. Electoral College [official website] in presidential elections, instead awarding the state's 10 electoral votes to the winner of the national popular vote. [via | previously on MeFi | more inside]
posted by terrapin on Mar 30, 2007 - 71 comments

The partial veto , enshrined in the Wisconsin Constitution since 1930, gives the governor the power to veto only a portion of a bill passed by the legislature. Since then, governors, both Republican and Democratic, have gotten increasingly creative about its application -- vetoing the word "not" to reverse the meaning of a bill, vetoing digits out of numbers to reduce appropriations, even vetoing individual letters from words in order to create new text, Humument-style. (This last power, the so-called "Vanna White" veto, was removed by Constitutional amendment in 1990.) Another attempt to strip the governor of the partial veto has just failed. Doesn't it sound like fun to be governor of Wisconsin? Try it yourself.
posted by escabeche on Mar 12, 2007 - 33 comments

The Navy's detention facility at Hanrahan has a created a secret prison-within-a-prison and, per the article, developed elaborate plans to dodge public scrutiny of its operations to detain enemy combatants. "In detaining American citizens, full constitutional rights are afforded except where curtailed by higher guidance or accepted prison practice," the report said.
posted by Malor on Feb 25, 2007 - 23 comments

The First Freedom Project --new from the Dept of Justice, announced at the Southern Baptist Convention along with a call for their help---specifically and only to protect the religious from discrimination against them. Many are not impressed: The administration has often ignored the importance of the no establishment principle by supporting attempts of governments to endorse a religious message, using tax dollars to fund pervasively religious organizations, allowing religious discrimination in hiring for federally funded projects, ... Legal strategies and actions from groups like the Alliance Defense Fund and ACLJ are now official DOJ policy, it appears. ...In his statement, Gonzales mentioned several cases litigated by ADF and its allies ...
posted by amberglow on Feb 23, 2007 - 56 comments

Sex Toys are Just Like Prostitution
posted by expriest on Feb 20, 2007 - 74 comments

TPM's David Kurtz: I've gone from being open to the idea of an Imperial Vice Presidency to being convinced that historians will debate whether something approaching a Cheney-led coup d'etat has occurred, in which some of the powers of the Executive were extra-constitutionally usurped by the Office of the Vice President. More about the Vice President, Richard "Dick" Cheney.
posted by nevercalm on Feb 4, 2007 - 51 comments

Alberto Gonzalez says "there is no express grant" of habeas corpus in the Constitution. Previously on MeFi and AskMe.
posted by anarcation on Jan 24, 2007 - 73 comments

Illegal wiretaps to end.
posted by EarBucket on Jan 17, 2007 - 53 comments

It will always be known as the "date which will live in infamy," but this year - the 65th Anniversary - may mark the last time survivors can/will come together at the site to pay their respects to the fallen and to shake hands with their former adversaries. Hawaii affiliate KHNL News 8 has already started its 5-day long coverage of the ceremonies, which culminate on the morning of the 7th and will feature a live web feed and a keynote adress given by Tom Brokaw (@ 7:30am HST).

Some consequences of the attack inside...
posted by krippledkonscious on Dec 4, 2006 - 27 comments

Bill Moyers speech at West Point on "The Meaning of Freedom." I repeat: These are not palatable topics for soldiers about to go to war; I would like to speak of sweeter things. But freedom means we must face reality: “You shall know the truth and the truth shall set you free.” Free enough, surely, to think for yourselves about these breaches of contract that crudely undercut the traditions of an army of free men and women who have bound themselves voluntarily to serve the nation even unto death. Previously on MetaFilter: after 9/11, inequality, religion and democracy, the environment, right-wing media, public broadcasting. Wikipedia.
posted by russilwvong on Dec 1, 2006 - 36 comments

Lieutenant Commander Charles Swift is the Navy lawyer who took the case of defending Salim Ahmed Hamdan (aka Osama bin Laden's driver). A quick plea-bargain was expected, but Swift managed to get his client a hearing before the Supreme Court in Hamdan v. Rumsfeld. While a complicated and nuanced decision, most would agree that "Swift, one of five judge advocate general lawyers assigned to represent the first round of commission defendants, determinedly stepped through this looking glass, defying skepticism at home and abroad that he and his colleagues would do more than a perfunctory job." However, despite all of his efforts and obvious legal abilities, he was recently passed over for promotion and effectively fired under the military's "up or out" promotion system. (Previously: [1] [2] [3])
posted by bardic on Oct 9, 2006 - 30 comments

White House · International aid · USDA · Department of Commerce · Department of Education · Department of Health and Human Services · Department of Homeland Security · Department of Housing and Urban Development · Department of Justice · Department of Labor · Small Business Administration · Veterans Affairs and even Grant Opportunities for those religious folks who would like to get financially connected to the government.
posted by Kickstart70 on Aug 21, 2006 - 46 comments

"If this program is unlawful, federal law expressly makes the ordering of surveillance under the program a federal felony. That would mean that the president could be guilty of no fewer than 30 felonies in office." George Washington University Law Professor Jonathan Turley on what's missing in the latest debate over the NSA program. [Bugmenot, Via Glenn Greenwald.]
posted by homunculus on Aug 21, 2006 - 33 comments

``Friendly fascism portrays two conflicting trends in the United States and other countries of the so-called "free world." The first is a slow and powerful drift toward greater concentration of power and wealth in a repressive Big Business-Big Government partnership... The other is a slower and less powerful tendency for individuals and groups to seek greater participation in decisions affecting themselves and others... These contradictory trends are woven fine into the fabric of highly industrialized capitalism.'
posted by Mr. Six on Jul 31, 2006 - 49 comments

U.S. citizens suspected of terror ties might be detained indefinitely and barred from access to civilian courts under legislation proposed by the Bush administration, say legal experts reviewing an early version of the bill.
posted by EarBucket on Jul 29, 2006 - 72 comments

"And yet the people who invented this country saw an aggressive, independent press as a protective measure against the abuse of power in a democracy, and an essential ingredient for self-government." Bill Keller, executive editor of the New York Times, publicly responds to criticisms on the publication of information about clandestine surveillance of private bank records of Americans, offering a rare glimpse into the Fourth Estate's complicated negotiations with the government over issues of public interest.
posted by Mr. Six on Jun 26, 2006 - 58 comments