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    Marriage and Faux Federalism

    George Will opens his recent column criticizing the Defense of Marriage Act (DOMA) on federalism grounds by quoting from a 1948 Supreme Court case: “[U]nder the Constitution, the regulation and control of marital and family relationships are reserved to the States.” What he doesn’t point out is that the citation … More

    Redefining Marriage Threatens Religious Liberty

    Religious liberty doesn’t stop at the church doors. The Becket Fund for Religious Liberty, the nonpartisan public-interest law firm dedicated to protecting the free expression of all religions, filed an amicus brief with the Supreme Court making the case that legal recognition of same-sex relationships as marriages creates hazards for … More

    Portman: Right on the Court, Wrong on Marriage

    Senator Rob Portman (R–OH) announced this morning that he now supports the redefinition of marriage to include same-sex couples. He was clear, however, that the Supreme Court should not impose this redefinition. Americans and their elected officials have constitutional authority to make marriage policy. When Americans hear the case for … More

    The Arms Trade Treaty and the Second Amendment: Answering the American Bar Association

    On February 26, the American Bar Association’s Center for Human Rights issued a white paper on the U.N. Arms Trade Treaty (ATT), which concludes that “the proposed ATT is consistent with the Second Amendment.” This conclusion neglects important facts about the treaty and the processes surrounding it, which we will … More

    Morning Bell: Senators Bring Stirring Filibuster Against Obama CIA Nominee

    “I rise today to begin to filibuster John Brennan’s nomination for the CIA. I will speak until I can no longer speak. I will speak as long as it takes, until the alarm is sounded from coast to coast that our Constitution is important…” That was Senator Rand Paul (R-KY) … More

    Gideon v. Wainwright: Celebrating 50 Years of Constitutional Protection

    Fifty years ago, the Supreme Court handed down a decision that has played a fundamental role in protecting constitutional rights of those accused of crimes. In Gideon v. Wainwright, the Supreme Court held that under the Sixth Amendment there is a right to counsel in all felony criminal cases, and … More

    Uniting Around the Constitution

    Budget cutters, cultural conservatives, and national defense hawks ought to be able to rally around a common standard. But what is that standard? In order to properly unite our forces, author Peter Berkowitz recommends that we must first temper our tempers. In his new book Constitutional Conservatism, Berkowitz writes that … More

    Morning Bell: Voting Rights at the Supreme Court Today

    To understand what’s going on in the Supreme Court today, we have to go back in time. The year was 1965. Hundreds of people gathered in Selma, Alabama, to march for black Americans’ right to vote. Some states, especially in the South, had set up obstacles to voting, such as … More

    "Violence Against Women" Act: House Bill Better but Still Flawed

    The House has proposed its own reauthorization of the Violence Against Women Act (VAWA). It is an improvement over the Senate bill, but it, too, suffers from constitutional problems. As discussed in a previous Heritage posting and in a recent law review article, if enacted into law, the Senate VAWA … More

    Morning Bell: Obama Administration vs. the Law on Same-Sex Marriage

    President Obama has so many flip-flops in his policy positions that it’s hard to keep track. After running for President supporting traditional marriage, he “evolved” to support same-sex marriage—and now his Justice Department has officially urged the Supreme Court to overthrow the law of the land. The Defense of Marriage … More