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

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

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

Bush calls for same-sex marriage-ban amendment Pres. Bush called for a constitutional amendment against gay marriage today, blaming "activist judges", the Massachusettes Supreme Court, and the mayor of San Francisco, among others, for attempting "to change the most fundamental institution of civilization."

How this call for an amendment plays out remains to be seen, but Bush is taking a strong stance on this issue, in what some see as another 'big headline' proposal during the election season. What will this mean for the civil rights of homosexuals in this country? And how will voters react in November?
posted by nyukid on Feb 24, 2004 - 377 comments