Yesterday’s decision by the Ninth Circuit striking down California’s Proposition 8, which amended the California constitution to define marriage as a legal institution involving one man and one woman, has reignited the public debate about judicial activism. When courts weigh in on such controversial and political topics, it is necessary …
Today, in a 2–1 decision, the U.S. Court of Appeals for the Ninth Circuit ruled against Proposition 8, the California ballot measure that defined marriage in the California constitution as one man and one woman. The appeals court decision upholds the decision of the lower court, which struck down Prop …
The people of the United States ordained a Constitution of limited government. As time passes, the people have more of the “government” and less of the “limited.” Americans must work at maintaining their freedoms. Defense of the constitutional freedom of association involved in choosing roommates to share housing illustrates the …
President Obama’s illegal non-recess appointments are unconstitutional and defy the process the Founding Fathers intended, Sen. Mike Lee (R-UT) told a House committee Wednesday. The House Oversight and Government Reform Committee invited a handful of constitutional law experts to discuss the four controversial appointments Obama made in January. Citing delays …
Attorney General Eric Holder used his testimony before a House committee on Thursday to tout the supposed need for new gun control laws to prevent “gun walking,” or the transportation of firearms across the Southern border. But he – and members of the committee – ignored existing laws that already …
The Senate is currently considering the addition of a public corruption bill as an amendment to the STOCK Act. While the goal of reining in public corruption is laudable, as has been discussed before, many of the policies in the proposed amendment raise significant overcriminalization concerns. Heritage, a task force …
A handful of constitutional law experts are slated to testify before the House Oversight and Government Reform Committee tomorrow about President Obama’s four unconstitutional non-recess appointments. The witnesses include Sen. Mike Lee (R-UT), one of Congress’ chief critics of Obama’s unprecedented decision. Lee will offer his expertise as a former …
Last week, I again had the privilege of traveling to Guantanamo Bay to observe a military commission proceeding as an invited representative of a non-governmental organization (NGO), my employer, The Heritage Foundation. And once again, I was disappointed by the lack of informed commentary from my fellow NGO representatives. Perhaps …
On Monday, the Supreme Court issued an important ruling on the subject of surveillance in light of today’s technologies. Its opinion in United States v. Jones makes the rules for surveillance much less clear, which perhaps is not surprising given the rapid technological change and the need for further legislative …
