Does Sharia law allow a husband to rape his wife, even in America? A New Jersey trial judge thought so. In a recently overturned case, a “trial judge found as a fact that defendant committed conduct that constituted a sexual assault” but did not hold the defendant liable because the defendant believed he was exercising his rights over the victim. Fortunately, a New Jersey appellate court reversed the trial judge. But make no mistake about it: this is no isolated incident. We will see more cases here in the United …
The New START Treaty, a treaty signed between the U.S. and Russia, is promoted by the Obama Administration as a means toward a reduction of nuclear weapons between the nations. Senator Richard Lugar (R–IN), Ranking Member of the Senate Foreign Relations Committee, told C-SPAN (according to The Hill) that “a ‘large majority’ of members in his party will back [the treaty] and that it will be ratified.” Lugar is the only Republican to pledge support to date, and any prediction of this controversial treaty passing in a lame duck session …
James Downie, standing in for Jonathan Chait at The New Republic, believes that The Heritage Foundation’s view of the relationship between first principles and foreign policy is wrong, and contrary to George Washington’s vision. Inevitably, he seeks to prove his point by quoting Washington’s Farewell Address. His case would be even less persuasive if he’d read a little more, or a little more thoroughly. But before we go into that, it’s worth drawing attention to Downie’s concluding point: “the Founding Fathers don’t provide much of a foundation at all” for …
The Senate floor may be empty, but debate over the New START Treaty continues. Dismissing calls for debate as petty partisanship, many on the left urge a quick vote on the treaty. The treaty’s proponents fail to appreciate the Senate’s constitutional role in the treaty-making process. In Article II, Section 2, the Constitution grants the President the “Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur.” James Wilson explains, “Neither the President nor the Senate, solely, can …
Even as Rep. Pete Stark (D-CA) was telling constituents that the federal government has unlimited power to do whatever it wants, U.S. District Judge Henry Hudson was saying, “Not so fast!” What President Obama considers his crowning achievement illustrates the great divide in American politics — between those who see Washington’s power as limited only by the ability to sway voters and we who see it as limited by design in the U.S. Constitution. Straining to find a constitutional basis for mandating that everyone must buy health insurance, Obama’s lawyers …
Last week in McDonald vs the City of Chicago, the US Supreme Court held that the right of an individual to possess firearms is protected by the Second Amendment to the United States Constitution, is incorporated by the Due Process Clause of the Fourteenth Amendment, and therefore applies to the states. But this historic case was about more than gun rights. To learn more about this case, its historical implications, and how it affects all Americans, not just gun-owners, listen to this Heritage in Focus podcast featuring Alan Gura, lead …
After helping to strike down the Chicago handgun ban, the winners in today’s Supreme Court decision promised, in an exclusive interview with the Heritage Foundation, that more such cases would be coming in the next few weeks. Alan Gura, lead attorney for the plaintiffs, promised, “There will be future cases, I will be bringing cases in the days and weeks to come.” When asked about the decisions impact, he said, “We will see laws that serve no useful purpose other than to annoy gun owners struck down and others that …
As the confirmation hearings of Elena Kagan got underway at 12:30, the ranking member of the Senate Judiciary Committee, Jeff Sessions (R-AL), lost no time getting to the heart of the concerns that are raised by Elena Kagan’s nomination by President Obama to the Supreme Court: Ms. Kagan has less real legal experience of any nominee in at least fifty years. It’s not just that she has never been a judge. She has barely practiced law, and not with the intensity and duration from which real understanding occurs. Ms. Kagan …
Moments ago, the Supreme Court announced that, Yes Virginia, the Second Amendment does in fact apply to the states, and thereby struck down Chicago’s complete ban on handgun possession. But this decision (and the Court’s prior decision in Heller) raises still other questions which will likely have a substantial impact on what that Second Amendment right functionally means. For example, what constitutes a reasonable regulation on firearms under the Second Amendment? Chicago Mayor Richard Daley is wasting no time. Before the Supreme Court even issued its opinion, he said that …
In what is probably the most important Second Amendment case in Supreme Court history, the Court today held that the “right of the people to keep and bear Arms” cannot be infringed by the states. In 2008 in District of Columbia v. Heller, the Court for the first time held that the right to bear arms was an individual right. But that decision, which struck down a virtual ban on handguns and a requirement that rifles and shotguns had to be kept “unloaded and disassembled or bound by a trigger …
