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Archive of Articles in the "The Constitution" Category

Constitutional Coup Averted In Illinois

[ Posted Wednesday, December 17th, 2008 – 17:41 UTC ]

The Illinois Supreme Court has just, without comment, rejected what was in essence a coup attempt by the state Attorney General, which would have installed the Lieutenant Governor in Governor Blagojevich's place. Attorney General Lisa Madigan's legal reasoning was, to put it mildly, unique. She tried to make the case that the Governor was "unfit for duty" and therefore had to be replaced so the state could continue to function. The entire episode raises a bigger question: could this ever happen to the President of the United States? The answer turns out to be: "Yes, but... it'll probably never happen."

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Maybe Levin And Bowen Should Throw Shoes

[ Posted Monday, December 15th, 2008 – 18:28 UTC ]

I know it's a lot more interesting to talk about two shoes getting thrown at President Bush in Iraq, but two more important stories are getting ignored as a result. These are two metaphorical "shoes" thrown at Bush, by the Senate and by Bush's own Inspector General in Iraq. And they're going to have a much more lasting impact on how history sees our Iraq adventure than one video clip of a guy hucking his footwear at President Bush. Because they deal with torture, and the failure of the Iraq reconstruction effort.

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Friday Talking Points [57] -- End Of Prohibition 75th Anniversary Edition

[ Posted Friday, December 5th, 2008 – 18:43 UTC ]

Brian Williams, NBC's talking head extraordinaire, is probably a decent guy, a guy with whom you could sit down and have a beer. [More on the alcohol subject at the end, I promise.] But that doesn't excuse something he said last night on Jay Leno's show.

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What's In A Name? (...And Other Trivia)

[ Posted Tuesday, December 2nd, 2008 – 17:12 UTC ]

Personally, I could care less whether he says "I, Barack Hussein Obama..." or "I, Barack Obama..." or "I, Barry Obama..." or whatever else he chooses to say. The man behind the name is who people voted for, not the name itself. The man will be president, and I don't care whether he calls himself by a nickname ("Jimmy Carter") by initials ("F.D.R" or "L.B.J.") or by his full name. Whatever he's comfortable with, as far as I'm concerned.

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Political Parties Are Not "Checks" Or "Balances"

[ Posted Monday, December 1st, 2008 – 17:52 UTC ]

There's an old inside-the-Beltway joke where a new House member is being shown around by a veteran of his own party. He is awed by entering the House floor for the first time, and is shown his new seat. He asks, pointing across the aisle to where the other party sits, "Is that where the enemy sits?" The older and wiser Congressman replies, "No, no, here in the House of Representatives we call our opponents 'the loyal opposition.' You're new, so you need to understand this. 'The enemy' is the Senate."

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Should Inauguration Day Be Moved Up?

[ Posted Tuesday, November 25th, 2008 – 18:28 UTC ]

Deep into the interregnum (interpresidentum?... interpresidium?) between the outgoing Bush administration and the incoming Obama administration seems to be a good time to ask: Does this make sense anymore? Why does America wait two-and-a-half months between when we elect our leaders and when we actually let them enter office? And does it make sense to change it?

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Hillary Clinton's Cabinet Eligibility

[ Posted Thursday, November 20th, 2008 – 17:18 UTC ]

Is Hillary Clinton eligible to become Secretary of State? Putting aside the question of what her chances of being appointed actually are (which I wrote about yesterday), is she even legally able to take the job if offered? The answer appears to be a strong "probably."

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Spam, Free Speech, And Anonymity (continued...)

[ Posted Thursday, November 13th, 2008 – 18:15 UTC ]

As I see it, the issue breaks down in a number of ways. The first question is anonymity -- do Americans have an absolute right to anonymity in political messages? The second question is technological -- is anonymity a right, no matter what the medium? And the third question seems to be political, and deal with campaign and election law -- what kinds of rules on speech are constitutionally allowable in politics?

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Anonymity Of "Obama Is A Muslim" Emails Constitutionally-Protected?

[ Posted Wednesday, November 12th, 2008 – 17:31 UTC ]

One of the more scurrilous 2008 campaign tactics (in a campaign seemingly full of them) had to have been those insidious "Have you heard... Barack Obama is a secret Muslim?!?" emails. These bounced hither and yon on the internet almost from the beginning of the campaign itself (or at the very least, since when it looked like Obama had a chance at the nomination). This sort of activity would likely fall into most people's "there ought to be a law" list -- a list of things worth changing in our election process. Unfortunately, the state Supreme Court of Virginia handed down a ruling in the midst of the campaign which may ultimately make any sort of limits on this sort of anonymous political (and technological) mudslinging actually unconstitutional. Meaning it would be impossible to pass any sort of laws against the practice at all.

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Election 2008 Odds And Ends -- Waiting For Missouri And Alaska, Pro-Marijuana Initiatives And More...

[ Posted Monday, November 10th, 2008 – 17:02 UTC ]

First, though, I got tired of endlessly downloading various "election results" webpages, in the hopes of getting some final results. And I also got tired of waiting for the mainstream media to do its job and inform the public what is going on with the remaining states, whose election results have not yet been reported. So I called up the state election officials myself, and thought I would share with you what I found.

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