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Do Past Presidents Have Executive Privilege?

January 30, 2009

     Michael Isikoff of Newsweek reports that George W. Bush's attorney Fred Fielding has written Karl Rove's attorney a letter instructing Rove not to respond to subpoenas issued by the House Judiciary Committee.  The Committee recently reissued those subpoenas seeking information about whether the firing of U.S. Attorneys in December, 2006, was for political purposes, possibly [...]

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Lincoln and the Transcendent Constitution: (2) The Apple of Gold and the Picture of Silver

December 31, 2008

     The first evidence of Lincoln's view of the Constitution for us to consider is from an undated fragment found among Lincoln's presidential papers after his death.  Some scholars believe that this was written shortly after Lincoln took office in 1861, and that it may have been intended as a response to his friend Alexander Stephens, the [...]

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Lincoln and the Transcendent Constitution: (1) The Constitution and the Declaration

December 23, 2008

     Lincoln changed our perception of what it is to be an American by changing our understanding of the meaning of the Constitution, and he achieved this by incorporating the principles of the Declaration of Independence into the Constitution, particularly the phrase, "all men are created equal."

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The Power of the President to Issue Midnight Regulations

November 27, 2008

     Among the developments in constitutional law that occurred in the 20th century that I consider to be most unfortunate are the changes that have allowed the President of the United States to, in effect, legislate.  We are seeing a flurry of Presidential legislation being issued right now as President Bush has his administrative agencies [...]

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Why People Disagree About the Meaning of the Constitution: Tradition

October 28, 2008

     The fourth major type of legal argument is "tradition."  Our view of society and the proper relations among people is shaped by our upbringing and our experiences.  In all areas of law, tradition plays a major, if often silent and invisible, role.

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Why People Disagree About the Meaning of the Constitution – Precedent

October 21, 2008

     So far we have looked to the text of the Constitution and to the intent of the framers to discover what the meaning of the Constitution is.  But there is another source of authority that we have to consider – the courts.  It has been said that the Constitution means what the Supreme Court [...]

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Why People Disagree About the Meaning of the Constitution: Plain Meaning Arguments

September 15, 2008

     The first type of legal argument is based upon the text of the law.  When we are interpreting the Constitution you might suppose that this is the only kind of legal argument that should matter – that we should be able to read the language of the Constitution and that honest, well-intentioned people should all come [...]

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The Supreme Court at the Tipping Point: Racial and Gender Equality

July 21, 2008

      
     Originally the United States Constitution did not embrace the principle of equality. Instead the Constitution protected slavery in gross contradiction to the Declaration of Independence that had stated "all men are created equal."

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