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Tag: Constitution

The Takeaway

Obama vs. the Supreme Court: US Attorney General Issues Memo

Friday, April 06, 2012

Yesterday Attorney General Eric Holder issued a memo, assuring the Supreme Court that President Obama respects the authority of the court to overturn federal laws they find unconstitutional. This memo came after Republican challengers to the Affordable Care Act accused the President of pressuring the Court during deliberations. We discuss the controversy with Jeffrey Rosen, Professor of Law at George Washington University, and Todd Zwillich, Takeaway Washington correspondent.

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The Takeaway

Incarceration in America: Should Juveniles Be Sentenced to Life Without Parole?

Tuesday, March 20, 2012

All this week, The Takeaway is talking about incarceration in America. We’ll talk with experts, advocates and former prisoners about the issues they’re facing, behind bars and outside the prison walls. Today we're focusing on juvenile justice.

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The Takeaway

Is Our Constitution Out of Date?

Tuesday, February 07, 2012

Whether or not you buy into the idea of American exceptionalism, the U.S. constitution is an exceptional document: the way in which it was crafted, how it secured the rights of citizens, and how 94 percent of nations have modeled their own charters after it. But if you ask Supreme Court Justice Ruth Bader Ginsberg, the constitution is exactly that: historically exceptional, but now a tad out of date. In a recent interview in Egypt, she stated: "I would not look to the U.S. Constitution if I were drafting a constitution in the year 2012."

In line with her comments, a new study has found that fewer and fewer nations are modeling their constitutions after ours.

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The Brian Lehrer Show

Justice Breyer on American Democracy

Thursday, November 24, 2011

Stephen Breyer, Supreme Court Justice and author of Making Our Democracy Work: A Judge's View, offers his view of interpreting the Constitution. 

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On The Media

Proposing a Constitutional Amendment to End Corporate Personhood

Friday, November 18, 2011

Massachusetts congressman Jim McGovern, believing that there is too much corporate influence in politics, has proposed a drastic and most likely futile bill to attempt to amend the Consitution to exclude corporations as "people". Bob talks to Congressman McGovern about why he chose to take this step.

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The Takeaway

Does the Fourth Amendment Protect Against GPS Tracking?

Tuesday, November 08, 2011

The Supreme Court will hear arguments on Tuesday in a case that could have broad implications for how modern surveillance technology is used to track criminals. The question at stake in The United States v. Antoine Jones is whether Fourth Amendment protections from "unreasonable searches and seizures" extends to GPS tracking and where the boundaries between public and private space lies in an era when many people are increasingly trackable through smart phones and other digital devices.

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The Brian Lehrer Show

The Constitution's Odd Clauses

Monday, October 31, 2011

Jay Wexler, law professor at Boston University and author of the new book, The Odd Clauses: Understanding the Constitution through Ten of Its Most Curious Provisions, discusses the lesser- known parts of the Constitution and how they affect our lives too.

→ Add Your Comments, Listen and Read a Recap at It's A Free Country

The Leonard Lopate Show

Backstory: The Debate Over Gun Control in America

Thursday, October 20, 2011

Adam Winkler examines America's four-centuries-long political battle over gun control and the right to bear arms. Gunfight: The Battle Over the Right to Bear Arms in America is centered on the landmark 2008 case District of Columbia v. Heller, which invalidated a law banning handguns in the nation's capital, and looks at the Founding Fathers, the Second Amendment, gun rights advocates and gun control lobbyists, and the debate over guns.

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The Brian Lehrer Show

Justice Breyer on American Democracy

Tuesday, September 20, 2011

Stephen Breyer, Supreme Court Justice and author of Making Our Democracy Work: A Judge's View, offers his view of interpreting the Constitution.

→ Add Your Comments, Listen, and Read a Recap at It's A Free Country

The Takeaway

As Debt Deadline Nears, Partisan Proposals and a Potential Contingency Plan Emerge

Monday, July 25, 2011

Democrats and Republicans will this morning release their separate plans to raise the debt ceiling before the August 2 deadline. But only one plan can pass and Congress is running out of time. The lack of time has thrown a spotlight on the 14th amendment, which some say would allow President Obama to increase the debt ceiling on his own. 

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It's A Free Blog

Opinion: Casey Anthony Walks, The System Works, But Who is the Biggest Loser?

Sunday, July 17, 2011

I, for one, am so disturbed by what has occurred that I propose removal of cameras from courtrooms in all criminal cases, where the camera threatens to undermine the sixth amendment right to a fair trial.

-Jami Floyd, It's A Free Country blogger.

Read More

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The Brian Lehrer Show

Can the 14th Amendment End the Debt Ceiling Debate?

Thursday, July 07, 2011

How might the Constitution affect the debt ceiling debate? Jay Wexler, law professor at Boston University, blogger and author of the forthcoming book The Odd Clauses: Understanding the Constitution through Ten of Its Most Curious Provisions, discusses the meaning of Section 4 of the 14th Amendment and its potential role in the debt ceiling debate.

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It's A Free Blog

Opinion: Why Casey Anthony 'Got Off,' and Why it Matters

Wednesday, July 06, 2011

Our constitution balances the tension between the public’s desire for retribution against the greater societal goal of justice. The fair trial/free press debate, which was highlighted again by the Casey Anthony trial, is as old as the republic.

-Jami Floyd, It's A Free Country blogger.

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The Takeaway

The Debt Ceiling v. the Fourteenth Amendment

Tuesday, July 05, 2011

For months, the words "debt ceiling" have been hanging over Americans' heads, along with apocalyptic predictions of what might happen if President Obama and Congress don’t raise the ceiling or rearrange the budget before August.

But back in April, Garrett Epps proposed something completely novel, that’s just now starting to get a lot of attention: what if the president simply asserted that under the Fourteenth Amendment the debt ceiling is unconstitutional?

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The Brian Lehrer Show

Your Favorite Constitutional Passage

Monday, July 04, 2011

Ilya Shapiro, senior fellow in constitutional studies at the Cato Institute and the editor-in-chief of Cato Supreme Court Review, and Nathaniel Persily, Charles Keller Beekman Professor of Law and Political Science at Columbia Law School, review listeners' favorite passages from the constitution.

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The Brian Lehrer Show

Invoking States' Rights

Thursday, June 30, 2011

President Obama invoked states' rights in his response to whether same sex marriage should be federally protected. Constitutional scholar and professor at the University of Texas School of Law, Sanford Levinson, will discuss the history of federal vs. states' rights. 

→ Add Your Comments, Listen and Read a Recap at It's A Free Country

The Brian Lehrer Show

Civics Quiz

Monday, April 25, 2011

Eric Lane, senior fellow at the Brennan Center for Justice and distinguished law professor at Hofstra University School of Law, tested New Yorkers' knowledge of government and politics and found it wanting. Can Brian Lehrer show listeners do better?

→ Take a Civics Quiz, Read More, and Listen at It's A Free Country!

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It's A Free Country ®

Roy Moore, the 'Ten Commandments Judge'

Thursday, April 21, 2011

Roy Moore, aka the "Ten Commandments Judge" who declared his Presidential exploratory committee for a 2012 run, is mostly infamous for a heartfelt political stunt.

He's the former Chief Justice of the Alabama Supreme Court who secretly installed a five-ton granite rock carved with the Ten Commandments into the state courthouse one night. He refused to get rid of it even when ordered to by a federal judge, which ultimately got him fired. Moore then traveled the country with his rock, billing himself as a hero to the Christian right. He truly, fervently believes in the power of the Rock. He also calls himself a "Constitutionalist." (In case you were wondering, the exact phrase "Separation of Church and State" is not in the Constitution).

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The Takeaway

This Week's Agenda: Japan, Egypt, AT&T

Monday, March 21, 2011

Operation Odyssey Dawn began Saturday with coalition missiles targeting Moammar Gadhafi's tanks and air defenses. Is the United States leading this effort? Meanwhile, relief and rescue efforts continue in Japan and time is of the essence as over 12,000 people are still missing and 8,000 have been confirmed dead so far. 

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The Takeaway

Egypt Rewrites Its Constitution

Wednesday, February 16, 2011

The Egyptian military has set up an eight-person panel of legal experts to revise the country's constitution. The panel includes a Coptic Christian jurist and a member of the Muslim Brotherhood – and so far, opposition leaders have praised it as a respected and credible group of individuals. Outside experts have argued about the need to either completely rewrite or extensively revise the country's legal framework. But most agree that the ten day deadline the Egyptian military has set for completion isn't enough time — and that the process may undermine the underlying goal for more democracy in the country.

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