Joseph D. Becker
Antonin Scalia speaks favorably, and provocatively, of a “dead” Constitution. But an eighteenth-century reading of the Second Amendment doesn't serve a public that supports sensible control of the guns in use today.
Racial differences do not permit disfavoring African Americans in the university admissions process, but the opposite question, whether we may favor African Americans over white applicants, is now a heated question pending in the Supreme Court.
Does regulation of an Orthodox practice associated with circumcision constrain the free exercise of religion?
A new suit challenges President Obama's 2012 National Defense Authorization Act on the definition of "support" for terrorism, and the possible expansion of presidential power beyond constitutional limits.
It is widely considered improper to ask a presidential candidate about his religion and its political implications. The notion is derived from the final clause of Article VI of the Constitution, which says that “no religious test shall ever be required as a Qualification” for any federal office. But that notion is mistaken.
Is the National Defense Authorization Act of 2012 constitutional?
Habeas corpus, secret courts & Gitmo
Both Rick Perry and Michele Bachmann frequently decry federal power. Perry has suggested Texas might secede from the union. Bachmann has called President Obama's federalist views "anti-American." Either a bad case of constitutional amnesia has beset Perry-Bachmann or there was a grave failure in their high-school civics courses.
How should we respond to the Tucson shootings?
Is it constitutional?
A complex business agreement will often be preceded by a "term sheet." The term sheet outlines points of agreement of major consequence to both parties that must be settled. What would a term sheet for an Israeli-Palestinian peace treaty look like?
What the success of the Tea Party portends
It will take some time before a new array of justices on the Court rethinks the labored departure from precedent made by the majority in Citizens United. Meanwhile, much corporate mischief will have been done.