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.

Featured Guest Blogger: Lyle Denniston

Of “Standing” and “Injury” and Something Called “Ashwander Doctrine”

Peering Through the Looking-glass at the Constitutional Challenges to “Obama-care”

When Americans join in a hearty fight over a major public policy, they usually prove that Alexis de Toqueville was right. The shrewd French observer of life in America wrote in 1831: "Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question." With the sweeping new federal law on health care, that happened sooner: within moments after President Obama signed the measure into law, its constitutionality was challenged in federal courts in Michigan, Virginia and Florida.

Arguing Before the High Court

You're case has been granted certiorari and you are preparing for your first oral argument in front of the nine justices of the highest court in the land. How do you prepare? Do you aim to convince the whole bench or the two or three justices you feel are most likely on the fence? Are you ready for their questions? Is there anything you don't know about your case? As part of the 2010 Peter Jennings Project annual event, four seasoned litigators joined CNN legal analyst Jeffrey Toobin on stage for a lively discussion. The entire transcript can be accessed [here.] A few of the livelier moments are presented below.

Vic Walczak has Agreed to Join the PJP Answer Board

Witold "Vic" Walczak, legal director of the Pennsylvania ACLU and a member of the 2010 PJP faculty, has agreed to join the PJP panel of experts and has agreed to advise our Fellows in the area of student rights. 2010 PJP Fellows will recall Vic leading his group in the "sexting" case, Miller v. Skumanick. PJP is grateful for our continued association with Vic. He will also serve as a guest blogger, starting in the late spring.

PJP Board Member to Serve as Independent Prosecutor in the Paterson Ethics Case

Former Chief Judge of the State of New York, Judith Kaye, has just been named by New York Attorney General Andrew Cuomo to serve as a special prosecutor investigating the alleged ethics violations of New York Governor David Paterson. Judge Kaye, who has served on the PJP Advisory Board and as the chief judge of the moot court since PJP's inception in 2007, will be examining charges that Gov. Paterson interfered in a domestic violence case and that he lied to a state ethics panel about receiving free World Series tickets to Yankee Stadium last fall.

Celebrating the Fourth Annual PJP Event at the NCC

On Saturday, February 27, in what was the main event of this year's annual PJP meeting, U.S. Army General Jack Keane (Ret.), Brigadier General H. R. McMaster, and Yale Law School professor Bruce Ackerman squared off on a timely subject: just how can the Constitution tolerate what many believe will be a protracted, thirty years war against Islamic terrorism? The panel was mounted in partnership with the Center for Oral History at West Point. Terry Moran of ABC News was the moderator. Excerpts from a few dramatic moments in the dialogue appear below. (Transcript Provided by ADEPT WORD MANAGEMENT – The Transcription Experts, 800-982-3378)

Richard Lazarus joins the PJP Answer Board

Richard Lazarus, who was recently named the Justice William J. Brennan, Jr. Professor of Law at the Georgetown University Law Center and who is the founder and co-director of that school's Supreme Court Institute, has joined the PJP panel of experts and is ready to advise PJP Fellows on all aspects of Supreme Court advocacy. 2010 Jennings Fellows will recall Lazarus from his appearance at our Sunday morning panel, "Arguing Before the High Court." We are deeply grateful for Richard's ongoing association with PJP.