The Constitution in "Quotes"

“They always say that I must abide by laws and constitutions...I know what is in laws and in constitutions, but what we have here in Egypt is neither laws nor constitution."

Mohammed ElBaradei, the Nobel laureate, on the political situation in his homeland where 82 year old President Hosni Mubarak, who has been president since the assassination of Anwar Sadat in 1981, is widely believed to be readying his son, Gamal, to soon become his successor.

Do the Homeless Deserve Protection as a Minority Class? In a Recenlty Published Piece, 2009 PJP Fellow Margo Pierce Says Yes

Margo Pierce, Jennings Fellow 2009, recently published a piece addressing an interesting question:, do the homeless deserve constitutional protection as a special class? That is, should we consider the homeless in the same manner that we consider other minority populations, such as African-Americans or homosexuals? Pierce’s work has appeared in several “street papers” – newspapers created to be sold by homeless people, providing them with a source of income – and has been syndicated by the International Network of Street Papers, which connects over 100 street papers worldwide. Pierce relied upon PJP faculty member Sherrilyn Ifill as a major sourc for her article, which is reproduced below. We invite your reactions.

By Margo Pierce

If 27 people had been killed in the United States in one year for being African-American or for being Jewish or for being developmentally disabled, there would be a national uproar. In 2008, 27 people were killed in the United States “for being homeless,” according to the National Coalition for the Homeless. Where is the uproar?

The Vexing Issues of Texting and "Sexting" in Public Schools

As a writer and reporter on the subject of educational reform, I am struck by the number of new constitutional issues arising these days in the public schools. My introduction to this came at the PJP conference this past February when I participated in the workshop run by Vic Walczak on a case involving the public schools and the subject of “sexting.” He and I have kept up since then and, let me put it this way, Vic Walczak is a busy man.

In fact, while we were meeting in the National Constitution Center last February, Walczak, who is the ACLU’s legal director for Pennsylvania, had three different cases before the federal Third Circuit Court of Appeals just around the corner.

“If you’re going to seek capital punishment, you’re going to have to pay for it...If we’re going to have harsh laws, at least we should fulfill our constitutional obligations."

Norman S. Fletcher, Former Chief Justice of the Georgia Supreme Court, upon hearing that his state had told the defendant in a capital case that it could no longer afford to pay for his lawyer and that, instead, he would have to switch to an overworked public defender unfamiliar with the case.

Featured Guest Blogger Sarah Hinchliff Pearson

Allowing the Presses to Roll: How the Second Circuit Expanded First Amendment Protections Despite Resistance from the Estate of J.D. Salinger

As most journalists probably know, Courts interpreting the First Amendment have always strongly resisted any “prior restraints” on speech because they suppress expression before a court can determine that the speech should indeed be denied First Amendment protection. In other words, our system says “we won’t prevent you from speaking, but we may punish you for it after the fact.” The breadth of protection goes rather far. Back in 1971, a federal judge deemed national security concerns to be insufficient to prevent publication of the Pentagon Papers, an internal defense department study of the Vietnam War that had been leaked to the New York Times.

Letter from Toulouse

I am in Toulouse, France, for a few days of vacation and watching from afar as the Supreme Court decisions come rolling out in a flurry as they do every year at this time. It is an interesting place from which to view the unique role that history plays in these two very different cultures.

The Constitution in "Quotes"

“If there is one basic element in our Constitution, it is civilian control of the military...If I allowed him to defy the civil authorities in this manner, I myself would be violating my oath to uphold and defend the Constitution."

President Harry Truman on the decision to fire GEN Douglas MacArthur as commander of UN forces in the Korean War, 1951

The Constitution v. "Oklahoma's Values"

Pity poor Brad Henry. An Oklahoma Democrat and the panhandle state's 26th governor, he has become the unlikely center of the abortion argument nationwide. Like many state legislatures -- eleven and counting says The New York Times in an article published today -- Oklahoma's has sought to put pressure on abortion rights by making it that much more difficult for women to get what remains a legal procedure protected by federal law. No less than eight abortion-themed bills have been introduced in the Oklahoma legislature recently, including several very modern ones like that barring an abortion performed because of the gender of the fetus or barring "wrongful life" lawsuits where a child is born with an unanticipated birth defect which had it been known to the mother before the child's birth would have prompted her to terminate the fetus.

What Drives Americans' Shifting Opinions on Abortion Rights?

A new Gallup Poll, issued yesterday, showed a plurality of Americans identifying themselves as "pro-life." You can see the results of the poll here, but the essential statistic that Gallup found is that 47 percent of those asked identified with the “pro-life” position while 45 percent of those responding said they were “pro-choice.” When compared to 1995, when only 33 percent of Americans polled claimed to be “pro-life” while 56 percent said they were “pro-choice,” it shows a marked shift toward the right. On the other hand, as recently as last May the divide was more decided: then, 51 percent were “pro-life” while 42 percent claimed to be “pro-choice.”

Former PJP Board Member Nominated to the High Court

Former Peter Jennings Project Board of Advisors member Elena Kagan was nominated today by President Barack Obama to take Justice John Paul Stevens seat on the Supreme Court. 2008 PJP fellows will remember Kagan as part of our panel on Women in the Law. But Kagan was more than a PJP participant. Until she resigned after assuming the position as Solicitor General for the Obama Administration, Kagan was an active board member, advising director Todd Brewster on programming and showing dedication to PJP's mission to increase constitutional awareness in the press. Here is an admiring piece about her from the New Republic, authored by PJP faculty member Jeffrey Rosen and released today.