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December 2, 2008 3:58:06 AM CST


US Constitution

US Constitution news stories

9 Stories

ANALYSIS

 Constitution May Sink 
 Hillary's State Chance 

Lawmakers can't take federal post for which their Congress raised the salary

(Newser) - Should Barack Obama nominate Hillary Clinton for secretary of state, the confirmation process could be the least of her worries, the Washington Post reports. The Constitution prohibits any member of Congress from assuming a federal post whose salary has been increased during the lawmaker’s term; cabinet salaries have risen by about $15,000 since Clinton’s current term began. More »

More about:  Barack Obama Election 2008 Hillary Clinton Congress President Obama Senate Secretary of State US Constitution Robert Byrd

Bush Could Block Probes Even After He Steps Down

Soon-to-be ex-prez has Truman, Nixon precedents for keeping executive privilege

(Newser) - President Bush may be able to maintain his executive privilege to block investigations even after he leaves office, the New York Times reports. Harry Truman successfully claimed he had the right not to testify in 1953, nearly a year after he left office, and Richard Nixon later used Truman's case as a precedent. Experts believe Bush will revive the claim if subpoenaed by any of the congressional committees probing alleged misdeeds during his administration. More »

OPINION

'The Oracle' Forgot One Thing: We're Greedy

Founding fathers quickly figured out people couldn't be trusted to be selfless

(Newser) - If those who ignore history repeat it, Alan Greenspan must have slept through a few Constitutional history classes . In promoting the risky derivatives market, the former Federal Reserve chairman was depending on individuals' restraint and care for the greater good. But Americans just aren't that altruistic, as the Founding Fathers figured out, Eric Lane and Michael Oreskes write in the Los Angeles Times . More »

More about:  Financial Crisis regulation Alan Greenspan US Constitution Thomas Jefferson derivatives market John Adams George Washington greed

analysis

Guantanamo Only Looks Like a Real Trial

Beneath surface lie fundamental questions about its fairness

(Newser) - The first trial taking place at Guantanamo Bay has the look and feel of a real American court proceeding, but that appearance is in many ways just an illusion, writes William Glaberson in the New York Times . Secret evidence remains sealed in red folders, much of what is presented was obtained under harsh interrogations, the public is banned, and reporters chafing under restrictions were once told, "This is not America." More »

Illegal Search Rule Faces
New Challenge

US is the only country to automatically reject unlawful evidence

(Newser) - America is the only country in the world where evidence—even a carload of narcotics—is automatically suppressed if the police are found to have acted wrongly in acquiring it, writes the New York Times . Courts in other countries weigh the level of police misconduct with the gravity of the crime and the power of the evidence. In the US, the exclusion is absolute, but a change could be coming. More »

More about:  US Supreme Court police law enforcement US Constitution Fourth Amendment search and seizure

McCain Backs Bush Wiretaps: Adviser

Says candidate believes president has right to 'override' law

(Newser) - John McCain supports President Bush's warrantless wiretapping program, a top adviser writes in a letter posted on the National Review website. The adviser, Douglas Holtz-Eakin, outlines McCain's belief that the Constitution authorizes the president to override a federal statute that requires court oversight for surveillance. The position marks a sharp contrast to earlier statements by McCain on the issue, the New York Times points out in drawing attention to the letter. More »

McCain, Born in Canal Zone, Dismisses Citizenship Flap

He says he's a natural-born citizen, which qualifies him

(Newser) - A recent media flap about John McCain's citizenship is a non-issue, the candidate says. McCain was born in the Panama Canal Zone while his father served there in the Navy, which makes him a natural-born citizen and qualifies him to run for president, the AP reports. His camp recently sought a legal analysis on the matter, and a New York Times article got pundits speculating. More »

More about:  John McCain presidential election US Navy citizenship Panama US Constitution canals

Supreme Court Gets First-Ever Wall Calendar

Birthdays, key decisions won't go begging for legal eagles in '08

(Newser) - The Supreme Court may not come knocking at your door over the holidays, but the stars of the judicial branch have their very own calendar for sale, the Washingtonian reports. Legal Times court reporter Tony Mauro is to thank for the effort, which will help ensure that law junkies and history buffs won't risk missing landmark court anniversaries in 2008. More »

More about:  US Supreme Court Ruth Bader Ginsburg US Constitution calendars Sandra Day O'Connor

Judge: Parts of Patriot Act Unconstitutional

Revised legislation violates separation of powers, 1st Amendment

(Newser) - The Patriot Act violates the Constitution by allowing unreasonable searches and seizures, violating separation of powers, and denying free speech, a federal judge ruled today in striking down parts of the revised legislation. Judge Victor Marrero said investigators must obtain court approval before ordering ISPs and phone companies to turn over confidential information without notifying customers, the AP reports. More »

More about:  Congress FBI privacy ACLU Patriot Act constitutional law civil liberties US Constitution search and seizure

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