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The thrust of the recent commentary on [marriage equality case] Perry [v. Brown] portrays the ruling as unprincipled, an attempt to manufacture a narrow ruling without any basis in law. But Justice Kennedy's opinions show otherwise.
The current nationwide health care crisis, which involves close to 20 percent of the U.S. economy, is exactly the sort of problem the founders would have wanted the federal government to solve under the powers given to Congress by the Constitution. The Affordable Care Act addresses issues of national concern — involving the states as partners but offering federal mechanisms of reform where necessary.
Do we need a constitutional amendment to overturn the Supreme Court's ruling in Citizens United v. FEC? Should opponents of the ruling pressure the Supreme Court to reverse course, and also seek changes in the composition of the Court through the appointment process? The answer is yes.
Justice Antonin Scalia created a firestorm last winter when he opined that the 14th Amendment does not protect women against discrimination on the basis of sex. The truth is that this view has been, until recently at least, a bedrock conviction of conservative originalists. In that sense then, the bigger news came at a Senate Judiciary Committee hearing in October when, confronted on his remarks by Sen. Dianne Feinstein, Scalia backpedaled and suggested that the Equal Protection Clause did indeed protect women from state-sponsored discrimination on the basis of sex.
Of all the possible outcomes being tossed around as the Affordable Care Act litigation heads for Supreme Court consideration, one is usually overlooked: If the court upholds the act’s constitutionality and its “individual mandate,” it could sound the death knell for the tea party.
Last week, investigators at the Center for American Progress released a bombshell, making public confidential materials penned by energy tycoon Charles Koch for a conference of well-heeled conservative activists this past June. These materials also included an invitation to far-right money men and women to another gathering scheduled for next January, to plan the takeover of the White House in 2012.
Washington today has serious problems, but we should not blame the city’s namesake for them. Rather, politicians of both parties should support a reform agenda designed to remove from our political system the modern procedural obstacles that have produced our current gridlock.
There is no greater threat to progressive values than this effort to make progress itself unconstitutional. This week, Constitutional Accountability Center and our partner organizations, including the Center for American Progress and People For the American Way Foundation, launched a coordinated effort -- Constitutional Progressives -- to take our Constitution back and rebut the constitutional fairy tales being peddled by tea party leaders.
There are many compelling arguments to support the constitutionality of the Patient Protection and Affordable Care Act – precedent, in particular, is squarely on the side of the United States in this instance – but perhaps most compelling, given the American people’s devotion to their founding charter and the Supreme Court Justices’ pledged fidelity to the Constitution, is that a faithful reading of the Constitution’s text and history shows that the Affordable Care Act is plainly constitutional.
While Washington has been consumed by the debt ceiling crisis, another serious crisis demands the attention of President Barack Obama and the Senate: the threat to justice by our overworked federal judiciary.
There aren’t enough judges to hear the cases piling up in federal courtrooms across the country — which for countless Americans means justice significantly delayed and denied.
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