Judicial

Congress cannot stop the exporting of American oil

Federal law, since 1974, generally prohibits exporting American oil, but that law violates the Export Clause, which provides that Congress can impose “No Tax or Duty” “on Articles exported from any State.” 

Could Congress impose an...

Read More...

Bones to pick with Citizens United on fourth anniversary

It has now been four years and two election cycles since the Supreme Court delivered its bombshell decision in the Citizens United case, and the damage to our democracy and to the public’s faith in its elected officials has been staggering....

Read More...

Will the High Court strike down recess appointments?

In a twist of Shakespearean irony, it appears that the highest court in the land is about to declare that recess appointments made a president who campaigned on his expertise as a constitutional law professor, were unconstitutional.

Read More...

Intolerable invasion of privacy

The government can subpoena pretty much anything we store online – business plans, financial records, calendars, diaries, photographs – without a warrant and without good reason to believe a crime is being committed.

Read More...

Three senators with two faces

For Sens. Mary Landrieu (D-La.), Mark Pryor (D-Ark.), and Mark Begich (D-Alaska), saying one thing in the home state and doing the opposite in Washington, D.C. has been a routine occurrence.

Read More...

Congress can create a smarter criminal justice system

It’s time to change our country’s extreme sentencing laws that destroy lives and waste taxpayer dollars with no benefit to public safety. We need the Smarter Sentencing Act to make our criminal justice system smarter, fairer, and more humane.

Read More...

Sexual assault and chain of command

The sexual assault epidemic in today’s military is appalling and threatens the safety of all of our brave men and women who put their lives on the line to defend our nation. In a nation that has been at war for over 12 years, it significantly undercuts military readiness.

Read More...

Pages