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  • Rule of Law

    Restore the courts to their constitutional role which is to apply the laws as written, to protect individual rights, and to enforce constitutional limits on government.

    Second Amendment: Illinois Gun Ban Struck Down

    On December 11, in a major win for Second Amendment rights, a three-judge panel of the U.S. Seventh Circuit Court of Appeals threw out Illinois’s virtual ban on the carrying of any guns, whether concealed or otherwise. In Moore v. Madigan, the state of Illinois claimed that there was no … More

    Overcriminalization: Jail Time for Charging a Cell Phone, Drying Clothes

    Did you know that you could be put in jail for charging your cell phone? Or for hanging your clothes out to dry? These are just two examples of recent events illustrating the burden that overcriminalization puts on the poorest among us. Late last month, a homeless Floridaman, 28-year-old Darren … More

    Do We Need a New Law to Make Stealing Illegal?

    Everyone agrees that stealing should be a crime. Theft has been an offense in every society that has recognized property rights. Theft was a crime under the English common law; every state outlaws theft today; and theft of federal property (or property in interstate commerce) is a crime under federal … More

    Supreme Court to Hear Defense of Marriage Act Challenges: Legal Analysis

    It’s official: The Supreme Court announced today that it will take up the Defense of Marriage Act (DOMA) this term. This was hardly unexpected. As we previously noted, the High Court was almost certain to hear one or more of these cases after two federal circuit courts struck down DOMA … More

    Can the President Raise the Debt Ceiling by Himself?

    As the federal government once again approaches the debt ceiling, partisans are again pulling out the heavy artillery: Don’t bother negotiating with Republicans on taxes and spending, they tell the President, just declare the debt ceiling in violation of the Fourteenth Amendment and ignore it. As a matter of law, … More

    Mother of 3-Year-Old Fined $2,500 for Toddler’s “Public Urination”

    Justice is flowing like a river for an Oklahoma mom. A Piedmont police officer was fired for writing an excessively hefty fine for her three-year-old’s “public urination” on the family’s property. Ashley Warden was fined $2,500 earlier this month after three-year-old Dillan pulled down his pants to urinate on his … More

    Some Obamacare Legal Challenges Are Alive and Well

    On Monday, the U.S. Supreme Court, in granting a petition for rehearing in Liberty University v. Geitner, vacated the U.S. Fourth Circuit’s prior dismissal of Liberty’s challenge to Obamacare and directed the Fourth Circuit to reconsider its decision in light of the Supreme Court’s recent decision in NFIB v. Sebelius … More

    Mark Levin on the Election and Constitutional Government

    The event is now over. We will have an archived video as soon as it is available. Now that the people have spoken, it is time to hear “the Great One,” Mark Levin. As the concluding event in our Preserve the Constitution series, Heritage is honored to host talk-radio legend … More

    Morning Bell: The Next President and the Supreme Court

    Every vote counts. And this year, it could count double. One vote could decide both the immediate election and the course of constitutional law for decades to come. Just ask the senior federal officials responsible for our security immediately after 9/11 who were sued years later by Javaid Iqbal. During … More

    The Dangers of Close Elections

    With millions of Americans turning out to cast their ballots on Tuesday and the latest polling still showing a down-to-the-wire race, we should all hope that whichever candidate wins the presidential contest, he does so with a decisive and uncontestable margin. Otherwise, we could face contentious recounts, unprecedented litigation, and … More