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NEWS ABOUT: US Constitution

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Supreme Court Will Hear Challenge to Local Gun Laws

Challenge to Chicago handgun ban could neuter local gun control measures

(Newser) - The Supreme Court will take up a case that could radically alter legal precedent regarding gun ownership and Second Amendment rights. The case is an appeal brought by Chicago-area gun owners who challenged the city’s ban on handguns. The high court overturned such a ban last year in Washington,... More »

Health Foes Fight Mandatory Insurance at State Level

Efforts, mainly GOP-led, appear more symbolic, but could result in court battles

(Newser) - Efforts are afoot in more than a dozen states to outlaw mandatory health insurance, a preemptive strike against federal health reform that, though mainly symbolic and constitutionally dubious, could provoke a court battle that would be costly and delay any plan passed by Congress. “I just don’t want... More »

Supreme Court Likely to Uphold Alabama Sex Toy Ban

Justices unlikely to make a rights issues out of sex toys

(Newser) - An Alabama statute criminalizing the sale of sex toys will probably be upheld as constitutional if it is challenged in the Supreme Court, Eugene Volokh writes at the Volokh Conspiracy. The statute—which was upheld by the state's Supreme Court Friday and bans the distribution of  "any device designed... More »

Court: Ashcroft on Hook in Post-9/11 Detention Case

Bush attorney general slammed for imprisonment without charges

(Newser) - Former Bush attorney general John Ashcroft can be held personally responsible in a lawsuit brought by a US citizen who was detained on suspicion of being a material witness to terrorism but was never charged with a crime, an appellate court ruled today. Abdullah al-Kidd alleged the detention, begun in... More »

Sneak Attack on Electoral College Gains Ground

(Newser) - Opponents of the Electoral College are making progress on an end run around the institution with the goal of setting up a system that would decide the presidential election solely on the popular vote, Tara Ross writes for the Weekly Standard. “Formally eliminating the Electoral College through a constitutional... More »

Blame Founding Fathers for Paralysis on Climate Change

Minority's outsize power prevents real change: Tomasky

(Newser) - Barack Obama's narrow victory last week, when the House passed the climate change bill by just 7 votes, raises the question of why it's so tough to get change enacted even when the president is popular and his party has majorities in both houses of Congress. The problem Democrats face... More »

US Army Evangelism: Is It a 'Crusade'?

(Newser) - US Army chaplains have distributed Arabic-language Bibles in Iraq, told soldiers to "hunt people for Jesus," and speculated that President Obama is a secret Muslim. Enough already, says a religious rights watchdog: Led by Air Force veteran Mikey Weinstein, the group is suing the Pentagon over alleged religious-based... More »

How We Can Get Rid of This Guy

(Newser) - Even with everyone in sight calling for his head, even after he’s been caught lying multiple times about his appointment, Roland Burris seems determined not to step down. But there is a quick way to be rid of him, law professor Garrett Epps writes for Salon: The Illinois legislature... More »

'Just to Be Safe,' Obama Should Redo Oath: Experts

Lawyers advise he retake fudged oath to avoid controversy

(Newser) - OK, it's probably not going to come up in court, but some constitutional lawyers tell the San Francisco Chronicle that Barack Obama should retake his flubbed oath just to be on the safe side. Presidents Coolidge and Arthur did after similar gaffes. It "would take him 30 seconds, he... More »

Ky. Atheists Fight 'Foolish' Security Law

Amendment says state relies on 'almighty God' for protection

(Newser) - Atheists are kicking up an almighty fuss about legislation that states Kentucky's safety and security can only be achieved through reliance on God, the Chicago Tribune reports. Bluegrass State unbelievers have filed a lawsuit seeking to have the offending law repealed, saying they fear their security may be in the... More »

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... More »

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... More »

'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... More »

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... 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... More »

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... 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... More »

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... More »

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... More »

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