Skip to: Content
Skip to: Site Navigation
Skip to: Search
SUNDAY, NOVEMBER 22, 2009
| Subscribe to Newser's RSS feeds RSS | Follow Newser on Twitter Twitter

NEWS ABOUT: constitutional law

constitutional law stories: 17 news summaries

Nothing Wrong With Czars, Experts Testify

But GOP's Collins vows to keep the 'issue' alive with more hearings

Oct 7, 09 7:41 AM CDT
(Newser) - The anti-czar crusade hit quite the speed bump yesterday, when five constitutional scholars testified in a Senate hearing that it was indeed perfectly legal for the president to have policy advisers. They said the principle dated back to FDR and that, assuming the czars didn’t have any actual legal... More »

MORE ABOUT:
Barack Obama • constitution • Susan Collins • czar • constitutional law • Obama administration

Souter Says Goodbye to Supreme Court

On his final day, a testament to friendship in the face of dissent

Jun 29, 09 2:13 PM CDT
(Newser) - David Souter bid farewell to the Supreme Court today, but not before taking a moment to reflect on the rewarding bonds forged between him and his fellow justices, the AP reports. Though he will leave the court, Souter told his colleagues in an open letter that he would not “... More »

MORE ABOUT:
John Roberts • New Hampshire • retirement • US Supreme Court • constitutional law • David Souter • Supreme Court justice

(Newser) - The Supreme Court today put new limits on police officers' ability to search a car after an arrest, the Washington Post reports. The 5-4 ruling—with an unusual grouping of justices—says police need a warrant unless certain criteria apply, a break from the standard practice of about 30 years.... More »

MORE ABOUT:
Antonin Scalia • Ruth Bader Ginsburg • John Paul Stevens • Clarence Thomas • US Supreme Court • constitutional law • David Souter • automobile • traffic stop • police search

OPINION



 How We Can 
 Get Rid of 
 This Guy 


Feb 19, 09 2:02 PM CST
(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 »

MORE ABOUT:
Senate • Illinois • US Constitution • Rod Blagojevich • constitutional law • US Senate • pay to play • Roland Burris

ANALYSIS

Supreme Court May Have
Too Many Judges

 Is the High Court Too 'Judgey'?

Feb 16, 09 4:30 PM CST
(Newser) - Chief Justice John Roberts recently praised the present makeup of the Supreme Court, which, for the first time in history, consists only of former federal appeals judges. The move towards a Court dominated by those with judicial experience has been afoot since the 1950s, writes Adam Liptak in the More »

MORE ABOUT:
John Roberts • US Appeals court • judicial • federal judges • US Supreme Court • constitutional law • appellate court

 Prop 8 Furor 
 Squeezes Calif. Court 

Groups would move to oust any high court members who overturn gay-marriage ban

Nov 19, 08 9:43 AM CST
(Newser) - California’s moderately conservative Supreme Court faces pressure from both fronts of the gay-marriage battle, the Los Angeles Times reports. Opponents of Proposition 8—including Gov. Arnold Schwarzenegger—are collecting arguments for why the amendment should be struck down, while supporters have promised to oust judges who rule the other... More »

MORE ABOUT:
gay rights • California • gay marriage • lawsuit • recall • constitutionality • California Supreme Court • constitutional law • Proposition 8

ANALYSIS

 Gun Ruling a Sea Change
 for 2nd Amendment  

Supreme Court's 5-4 decision "takes certain policy choices off the table"

Jun 26, 08 2:28 PM CDT
(Newser) - The Supreme Court’s decision today striking down Washington's handgun ban represented a change in interpreting the Second Amendment. The court’s 5-4 vote split down partisan lines, the Post reports, with Justices Scalia, Roberts, Kennedy, Thomas, and Alito in opposition to Stevens, Souter, Ginsburg, and Breyer. "The enshrinement... More »

MORE ABOUT:
Antonin Scalia • Washington DC • gun control • Second Amendment • US Supreme Court • Washington, DC • constitutional law

opinion

'Landmark' Gitmo Ruling
Is a Blow Against Tyranny

Justices rebuke Bush and restore one of the nation's founding principles

Jun 12, 08 6:47 PM CDT
(Newser) - Today's Supreme Court decision giving Guantanamo Bay prisoners the right to challenge their detention "will be one of the most celebrated landmark rulings of this generation," Glenn Greenwald writes in Salon. By upholding habeas corpus—a rebuke to the Bush administration and complicit pols of all stripes—the... More »

MORE ABOUT:
War on Terror • Guantanamo Bay • habeas corpus • Guantanamo prisoners • US Supreme Court • constitutional law • detainees

Supremes Appear Set to KO DC's Handgun Ban

In key 2nd Amendment case, Kennedy notes 'general right to bear arms'

Mar 18, 08 2:21 PM CDT
(Newser) - The Supreme Court looks ready to declare Washington, DC’s handgun ban unconstitutional, the LA Times report. The justices heard oral arguments in the landmark Second Amendment case today, and swing voter Anthony Kennedy said, “In my view, there is a general right to bear arms.” At issue... More »

MORE ABOUT:
John Roberts • Washington DC • Anthony Kennedy • Constitution • Second Amendment • John Paul Stevens • US Supreme Court • handgun • constitutional law • gun ban

 Court Hears Gun Case Today 

Nation's firearms laws in the balance as Supremes hear arguments

Mar 18, 08 9:08 AM CDT
(Newser) - One of the oldest and most hotly debated constitutional amendments—the right to bear arms—comes under scrutiny by the Supreme Court today. The court will hear arguments on the constitutionality of Washington DC's stringent ban on handguns. The ruling, which will arrive in June, is sure to have a... More »

MORE ABOUT:
Department of Justice • John Roberts • John Ashcroft • Washington DC • gun control • Anthony Kennedy • Second Amendment • US Supreme Court • National Rifle Association • handgun • constitutional law • gun ban • Scotus • Temple University • David Kairys • Dick Anthony Heller

DC's Handgun Ban Heads
to Supreme Court

Justices get unprecedented crack at Second Amendment

Mar 16, 08 1:57 PM CDT
(Newser) - John Roberts' Supreme Court will get a rare crack at an undefined piece of the Bill of Rights this week when it examines whether Washington, DC's handgun ban violates the Second Amendment. Though Americans' right to bear arms has been debated for 200 years, reports the Washington Post, the... More »

MORE ABOUT:
Bill of Rights • Washington DC • gun control • Constitution • Second Amendment • US Supreme Court • handgun • constitutional law • gun ban

Judge Upholds Ban on Internet Gambling

Online gambling association will appeal

Mar 7, 08 5:35 PM CST
(Newser) - A Congressional ban on Internet gambling doesn’t violate the Constitution, says a federal judge. An online gambling association that challenged the law failed to show sufficient cause to stop its enforcement, the judge ruled, but does have legal standing to appeal the case. The group plans to do so... More »

MORE ABOUT:
Congress • gambling • privacy • Constitution • Internet gambling • constitutional law • Interactive Media Entertainment & Gaming Association • Unlawful Internet Gambling Enforcement Act • freedom of speech • online casinos

Cheney Bucks Bush, Wants DC Gun Ban Overturned

Signs Congressional brief saying the District's gun law is unconstitutional

Feb 9, 08 8:01 AM CST
(Newser) - Dick Cheney yesterday went against his own administration, signing a Congressional brief which urges the Supreme Court to uphold a ruling that found Washington DC's handgun ban to be unconstitutional. In so doing Cheney took a stronger Second Amendment stance than his boss, the Washington Post reports, adding that it's... More »

MORE ABOUT:
Dick Cheney • gun control • Constitution • Second Amendment • handgun • constitutional law • George W. Bush • gun ban

Relatives Sue Ohio Coroners Over Remains

Fate of organs
removed during
autopsy at issue

Jan 23, 08 7:43 PM CST
(Newser) - The Ohio Supreme Court will hear arguments today in a lawsuit charging that coroners failed to return a man's brain to his body prior to burial and that his parents had a constitutional right to the remains. Coroners say hurried reintegration of organs for funerals could compromise autopsies; under state... More »

MORE ABOUT:
Ohio • autopsy • funeral • constitutional law

Supreme Court Will Hear Landmark Gun Case

Hearing will be first on the topic in 68 years

Nov 20, 07 1:17 PM CST
(Newser) - The Supreme Court agreed today to hear its first case on the meaning of the Second Amendment in 68 years. At question is the scope of the “right to bear arms”: A circuit court ruled last year that it applied to individuals' guns, but the city of Washington argued... More »

MORE ABOUT:
Washington DC • National Guard • Constitution • ban • Second Amendment • US Supreme Court • handgun • constitutional law • gun ban • guns

Fed Judge
Rules Against Patriot Act

Nixes two key provisions that allow secret search without probable cause

Sep 27, 07 6:07 AM CDT
(Newser) - Key provisions of the Patriot Act allowing secret searches have been ruled unconstitutional by a federal judge. In the case of Portland lawyer Brandon Mayfield, whose home and office were secretly raided after he was mistakenly linked to bombings in Madrid, a US District judge found that search warrants were... More »

MORE ABOUT:
Department of Justice • Patriot Act • Fourth Amendment • Brandon Mayfield • Ann Aiken • Elden Rosenthal • constitutional law

Judge: Parts of Patriot Act Unconstitutional

Revised legislation violates separation of powers, 1st Amendment

Sep 6, 07 4:03 PM CDT
(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 »

MORE ABOUT:
Congress • FBI • privacy • ACLU • Patriot Act • US Constitution • civil liberties • search and seizure • constitutional law

17 Stories


from our news partners