Publius

Civics Quiz

2008-11-24T17:39:00.001-08:00

Test your knowledge here.

Is federalism dead?

2008-10-21T09:15:00.000-07:00

Robert Nagel argues that political and judicial revolutions have usurped the power of the states and thereby enervated local associational life. Although Kimberly Hendrickson agrees with much of Nagel’s argument about the implosion of federalism, she lauds the emergence of a “moral federalism” through plebiscitary democracy on issues ranging from abortion to euthanasia to affirmative action to medical marijuana to homosexual marriage.

Is federalism dead? If so, should we mourn or celebrate its demise? Is the rise of moral federalism a sign of life for American democracy or a threat to individual rights?

Please read short articles by Nagel and Hendrickson. Click on link below for Hendrickson article. You may pick up copy of Nagel article in Govt Dept. office.

http://findarticles.com/p/articles/mi_m0377/is_2002_Summer/ai_87774104/pg_1?tag=artBody;col1

DC v Heller

2008-03-19T04:28:00.000-07:00

NY Times article includes links to transcript and audio recording of oral argument.

Natural Born Candidates

2008-02-28T06:03:00.000-08:00

Is John McCain constitutionally eligible to become president?

The Founders Constitution

2008-02-15T04:22:00.000-08:00

New required course at George Mason University Law School.

District of Columbia v. Heller

2008-02-12T13:32:00.000-08:00

Merit and amicus briefs for interesting case to be heard in March.

Eminent domain and Columbia University

2008-02-12T10:48:00.000-08:00

Another eminent domain case

2008-02-02T04:03:00.000-08:00

Homeowners lose case in federal appeals court over the use of eminent domain to obtain land for Brooklyn Yards development, which will include new arena for the NBA Nets.

Eminent Domain after Kelo

2008-02-01T06:20:00.001-08:00

Kelo v New London

2008-02-01T06:00:00.001-08:00

Does restricting eminent domain hurt economic growth?

2008-01-30T12:47:00.001-08:00

WSJ on Earmark Reform

2008-01-28T12:28:00.000-08:00

WSJ on Solicitor General's Brief on Second Amendment Case

2008-01-22T06:09:00.000-08:00

Obama and the Founders

2008-01-19T08:12:00.000-08:00

More on pocket veto

2008-01-15T06:07:00.000-08:00

More on earmarking

2008-01-10T06:28:00.001-08:00

More on earmarking

2008-01-10T05:52:00.001-08:00

Court hears voter id case

2008-01-10T02:33:00.001-08:00

Is That a Veto in Your Pocket?

2008-01-03T07:35:00.000-08:00

There's an interesting new constitutional controversy over the pocket veto. When Congress passes a bill, they send it to the President, who has ten days to sign or veto the bill. If he vetoes the bill, it is sent back to Congress which can then vote to override with a two-thirds majority. If he neither signs nor vetoes the bill, and Congress is in session, the bill becomes law. If Congress is not in session and the President neither signs nor vetoes the bill, that's a pocket veto and it can't be overridden by Congress. In that case, the Congress must start again and repass new legislation.

The recent Defense authorization bill passed both chambers by veto-proof majorities. In order to prevent a pocket veto, Senate Majority leader Harry Reid kept the Senate in pro forma session during the holidays. President Bush claims that he pocket vetoed the bill since the House wasn't in session.

Louis Fisher, a scholar at the Congressional Research Service and a leading expert on separation of powers issues, seems to think that the Bush administration's argument doesn't hold much water.

527's in '08

2008-01-01T05:25:00.000-08:00

Are voter id requirements constitutional?

2007-12-25T02:48:00.000-08:00

Harvard Law briefing paper on earmarks

2007-12-23T07:55:00.001-08:00

The framers and pork

2007-12-23T06:51:00.000-08:00

The case for earmarks

2007-12-23T06:41:00.001-08:00

NYT on earmarks

2007-12-23T06:19:00.000-08:00

Conservative groups call for cancellation of earmarks

2007-12-23T06:13:00.000-08:00

Can presidents cancel earmarks?

2007-12-23T06:11:00.000-08:00

WAPO on earmarks

2007-12-23T06:08:00.001-08:00

Conservative take on rights of detainees

2007-12-10T10:44:00.000-08:00

The Presidency Unbound

2007-12-10T10:26:00.001-08:00

Oral arguments on Gitmo

2007-12-10T03:55:00.001-08:00

Torture

2007-12-05T06:46:00.000-08:00

Voter ID

2007-12-03T10:21:00.000-08:00

FISA

2007-12-03T06:55:00.000-08:00

Supreme Court and detainees

2007-12-03T05:40:00.000-08:00

Religious Tests

2007-11-29T20:37:00.000-08:00

Mitt Romney is reported to have rejected the idea of appointing a Muslim to the cabinet if he's elected president. Does this violate Article 3, Section 6 of the Constition, ". . . no religious test shall ever be required as a qualification to any office or public trust under the United States"?

Huckabee Argues for a Human Life Amendment

2007-11-29T19:23:00.000-08:00

The current Republican front-runner in Iowa makes the case for a Human Life Amendment outlawing abortion across the country: a reverse Roe v. Wade.

He makes an interesting argument. He claims the logic behind this Amendment is the same behind the 13th. If abortion is murder, why trust the states to act prudently?

Federalism, interstate commerce, and pre-emption

2007-11-28T07:37:00.000-08:00

Electoral College

2007-11-27T08:25:00.000-08:00

Broken Government

2007-11-27T05:13:00.001-08:00

Nixon's White House Counsel argues that Republicans have undermined all three branches of government.

American Creation

2007-11-27T05:11:00.001-08:00

A $5 billion election?

2007-11-26T11:08:00.000-08:00

Post-Kelo Poliics

2007-11-26T07:58:00.001-08:00

Bruce Fein's "Anti-Dynasty" Amendment

2007-11-25T22:27:00.000-08:00

Grover Norquist, head of Americans for Tax Reform, endorses Bruce Fein's draft of a Constitutional amendment to prevent political family dynasties.

Although I'd love to be safe from a Hillary Clinton presidency via Constitutional fiat, it seems that these proposals are just fundamentally antidemocratic. As Andrew Sullivan notes, the easiest way to prevent such dynasties is to defeat wives/husbands/sons/daughters of current political elites at the ballot box.

Issue ads and campaign finance

2007-11-25T02:47:00.001-08:00

News story related to our recent discussion.

Buchanan versus Amar

2007-11-23T12:28:00.000-08:00

Interesting exchange on constitutional reform between James Buchanan and Akhil Reed Amar.

Review of the Terror Presidency

2007-11-23T04:56:00.000-08:00

More on the Second Amendment

2007-11-23T04:55:00.001-08:00

More on Second Amendment

2007-11-23T04:45:00.001-08:00

George Will on McCain Feingold

2007-11-23T04:33:00.000-08:00

Second Amendment

2007-11-23T01:49:00.001-08:00