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    Equality and the Redefinition of Marriage

    At a reception last week for Lesbian, Gay, Bisexual and Transgender Pride Month, President Obama reiterated his support for the redefinition of marriage, claiming inspiration from the Declaration of Independence: And it’s something that can be traced back to our Declaration of Independence—the fundamental principle that all of us are … More

    Judicial Activism: Trading the Stable Rule of Law for the Fickle Rule of Men

    Last week, the Supreme Court of the United States announced that it would bar most forms of protest on the marble plaza in front of the court, as well as other surrounding areas on the court’s grounds, in part to protect “the appearance of the court as a body not … More

    DOJ Blows a "Chill" Wind Through the Media

    In recent days, it has been disclosed that the Department of Justice (DOJ) subpoenaed telephone records from Fox News reporters, including chief Washington correspondent James Rosen, and obtained a search warrant for the content of Rosen’s email in connection with another leak investigation. State Department adviser Stephen Jin-Woo Kim has … More

    The Good Ol’ Progressive Contempt for the Founding

    Any conservative who takes his bearings from America’s founding principles can’t help but miss the candor with which the early Progressives dismissed our founding documents as antiquated relics of a bygone era. Unlike liberal politicians from FDR onward who couch their statist agenda in the rhetoric of the Founding, Woodrow … More

    Labor: D.C. Circuit Strikes Down NLRB Poster Rule

    On May 7, the U.S. Court of Appeals for the D.C. Circuit struck down a National Labor Relations Board (NLRB) rule that required more than 6 million employers to post certain types of notices at work informing employees of their rights under the National Labor Relations Act. While notifying employees … More

    PBS Constitutional Road Trip: Smooth Ride with a Few Bumps

    This week, PBS premiered part one of a four-part series on the Constitution. In it, Peter Sagal, host of NPR’s Wait, Wait, Don’t Tell Me, rode around America astride a decked-out flag motorcycle to investigate the Constitution in modern America. And the first leg of his journey was surprisingly good. … More

    Boyer v. Louisiana: A Conflict in Constitutional Rights Postponed

    How should courts respond when the legislature does not adequately fund operation of the criminal justice system and thereby denies a defendant his constitutional rights? The Supreme Court avoided answering that question Monday, but the Court cannot avoid it forever. Fifty years ago the Supreme Court held in Gideon v. … More

    The Diversity of the Founding

    In the latest paper in the Makers of American Political Thought series, Colleen Sheehan looks at the long career of James Madison. In it, we see that “diversity” was a key component of the American Founding. Of course, Madisonian diversity had nothing to do with tallying up racial, ethnic, or … More

    Major School Choice Victory in Indiana

    It’s hard to overstate what an outstanding victory for school choice Indiana’s Supreme Court issued yesterday. Indiana’s highest court ruled unanimously in Meredith v. Pence that the Choice Scholarship Program (CSP), which provides vouchers to low-income and middle-income families in the Hoosier State, is constitutional. The suit, brought by the … More

    Today at the Supreme Court: Same-Sex Marriage and the Defense of Marriage Act

    This morning, the Supreme Court heard oral arguments in United States v. Windsor, a constitutional challenge to the Defense of Marriage Act (DOMA), which defined marriage as the union of a man and woman for purposes of federal benefits. In this case, the issue was an estate tax bill faced … More