Killing the Constitution

In the last days of East Germany, when government officials detected that their power was unraveling, they ratcheted up enforcement of the nation's reporting laws. The reporting laws made it a felony to know of a crime and fail to report it. It was also a crime to...

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Can Congress Ban TikTok?

"Congress shall make no law ... abridging the freedom of speech." ~ First Amendment to the U.S. Constitution When James Madison set about to draft the Bill of Rights – the first 10 amendments to the U.S. Constitution – he was articulating what lawyers and philosophers...

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The Torturers’ Poor Memories

As the pre-trial hearings in the case of Khalid Shaikh Mohammed and others who are charged with masterminding the 9/11 attacks proceed at the Guantanamo Bay Naval Base in Cuba, the government continues to stumble with its own witnesses. In hearings last week,...

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A Great Man in Moscow

When the Trump administration obtained an indictment of Edward Snowden for violation of the Espionage Act of 1917, many of us who believe that the Fourth Amendment means what it says were deeply critical of the government, and we remain so today. Snowden is the former...

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Unconstitutional Killings

The Biden administration is killing people, openly in Ukraine and Gaza and secretly around the world. It has continued to use the killing machinery crafted by President George W. Bush, expanded by President Barack Obama and employed by President Donald Trump. These...

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Guantanamo: A Constitutional Debacle

When President George W. Bush formulated the concept of an American Devil's Island in Cuba, he did so heedless of the damage to the Constitution his experiment in torture and confinement without end would bring about. Bush made the case that torture and confinement at...

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Biden, War, and the Constitution

Can the president fight any war he wishes? Can Congress fund any war it chooses? Are there constitutional and legal requirements that must first be met before war is waged? Can the United States legally attack an ally? These questions should be critical to a public...

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