constitutional law

19 Stories

French Tycoon Vows $1M to Pay Burka Fines

Goal is to render the new law useless

(Newser) - A French tycoon enraged by his country's 'Burka ban ' plans to set up a $1 million fund to help Muslim women fined for wearing the burka or niqab on the street. Rachid Nekkaz, a real estate magnate of Algerian origin, considers the ban "anti-constitutional" and has personally pledged... More »

America Is Governable— Just Not by This Man

Talk of systemic problems is whining because Obama failed: Krauthammer

(Newser) - There’s been a lot of crowing from liberals that the US is “ungovernable” because President Obama has not been able to enact key parts of his domestic agenda. Charles Krauthammer has heard the “usual litany of systemic explanations" before—this moment in history smacks of the Carter... More »

Nothing Wrong With Czars, Experts Testify

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

(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 »

Souter Says Goodbye to Supreme Court

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

(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 »

Supreme Court Limits Car Searches After Arrests

(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 »

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 »

Supreme Court May Have Too Many Judges

Is the High Court Too 'Judgey'?

(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 New ... More »

Prop 8 Furor Squeezes Calif. Court

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

(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 »

Gun Ruling a Sea Change for 2nd Amendment

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

(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 »

'Landmark' Gitmo Ruling Is a Blow Against Tyranny

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

(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 »

Supremes Appear Set to KO DC's Handgun Ban

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

(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 »

Court Hears Gun Case Today

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

(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 »

DC's Handgun Ban Heads to Supreme Court

Justices get unprecedented crack at Second Amendment

(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 court... More »

Judge Upholds Ban on Internet Gambling

Online gambling association will appeal

(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 »

Cheney Bucks Bush, Wants DC Gun Ban Overturned

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

(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 »

Relatives Sue Ohio Coroners Over Remains

Fate of organs removed during autopsy at issue

(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 »

Supreme Court Will Hear Landmark Gun Case

Hearing will be first on the topic in 68 years

(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 »

Fed Judge Rules Against Patriot Act

Nixes two key provisions that allow secret search without probable cause

(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 »

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 »

19 Stories
Popular on Newser
We use cookies. By Clicking "OK" or any content on this site, you agree to allow cookies to be placed. Read more in our privacy policy.