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Articles on US Constitution

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Some church members have no problem wearing masks; others say it’s an unconstitutional mandate. Leonard Ortiz/MediaNews Group/Orange County Register via Getty Images

Freedom of religion doesn’t mean freedom from mask mandates

A Florida minister and a conservative lawmaker filed suit against a county law mandating mask wearing, saying it violates the freedom of religion. A constitutional law professor says they’re wrong.
During a protest, federal police officials stand inside a fence at the federal courthouse in Portland, Oregon, July 25, 2020. (Photo by Ankur Dholakia / AFP via Getty Images

Don’t want federal agents in your city or town? Then protect federal property

No one involved in local government wants to see federal law enforcement agents take over their policing. But a mayor who’s also a legal scholar says there’s history and precedent for it.
U.S. President-elect Donald Trump waits to step out onto the portico for his inauguration at the U.S. Capitol in Washington, on Jan. 20, 2017. Trump laid bare his dystopic vision for America in his inaugural address that is now playing out in the United States. (AP Photo/Patrick Semansky)

Trump’s hint that he may not concede election is America’s tipping point

The cult of the personality surrounding Donald Trump is powerful and will be difficult to dislodge, whatever the outcome of the election in November.
A protester during an anti-mask rally on July 19 in Indianapolis, Indiana, against the mayor’s mask order and the governor’s extension of the state shutdown. Jeremy Hogan/SOPA Images/LightRocket via Getty Images

The Constitution doesn’t have a problem with mask mandates

A constitutional law scholar says that the arguments made by anti-mask protesters that the Constitution protects their freedom to go maskless are just wrong.
A congressional staffer opens the boxes containing the Electoral College ballots in January 2017. Tom Williams/CQ Roll Call

Electoral College benefits whiter states, study shows

With a Supreme Court ruling rejecting one of the founders’ two reasons for creating the Electoral College, only one reason remains: racism.
President Donald Trump at the Tulsa campaign rally, where he said he had slowed down COVID-19 testing to keep the numbers low. Win McNamee/Getty Images

Leaders like Trump fail if they cannot speak the truth and earn trust

The absence of trust in a nation’s leader and government jeopardizes an effective response to a health crisis. It also creates a political crisis, a loss of faith in democracy.
On Dec. 19, 2016, Colorado elector Micheal Baca, in T-shirt second from left, cast his electoral ballot for John Kasich, though Hillary Clinton had won his state’s popular vote. AP Photo/Brennan Linsley

Supreme Court reforms, strengthens Electoral College

Electors may not vote their consciences, which means the Electoral College will continue to operate how most Americans think it does.
On Dec. 19, 2016, Colorado elector Micheal Baca, in T-shirt second from left, cast his electoral ballot for John Kasich, though Hillary Clinton had won his state’s popular vote. AP Photo/Brennan Linsley

Supreme Court to decide the future of the Electoral College

Many Americans are surprised to learn that Electoral College members do not necessarily have to pick the candidate their state’s voters favored. Or do they?
Members of the military wearing U.S. Army Special Forces insignia block protesters near Lafayette Park and the White House on June 3, 2020. Drew Angerer/Getty Images

Why soldiers might disobey the president’s orders to occupy US cities

There is a long line of military heroes who had the moral courage not to follow immoral orders. In the days ahead, some may have to consider what exactly their oath to the Constitution requires.
Gerald Dent, left, is joined by James Featherstone and Niles Ringgold at a rally for felon voting rights, in Baltimore, Maryland, on March 10, 2020. Michael S. Williamson/The Washington Post via Getty Images

Stripping voting rights from felons is about politics, not punishment

Recent efforts to restore voting rights to the formerly incarcerated, a crucial Democratic constituency, could have important implications for the 2020 presidential election.
When is the right time to wave the green flag? Yellow Dog Productions/Getty Images

Who’s in charge of lifting lockdowns?

Federal authorities have input, but states reign supreme – unless they decide to let local governments make the call.
Donald Trump at a press briefing with members of the White House Coronavirus Task Force on April 18, 2020 in Washington, DC. Sarah Silbiger/AFP

Donald Trump’s ‘Chinese virus’: the politics of naming

An analysis of the expressions used by Donald Trump to designate Covid-19 sheds light on his political calculations and on the evolution of his relationship with China in recent weeks.
On April 13, the president said he had the authority to order the states to reopen the economy. Getty/Jabin Botsford/The Washington Post

Trump versus the states: What federalism means for the coronavirus response

Throughout the coronavirus crisis, President Trump has made inconsistent statements about who is responsible for key aspects of the nation’s response to the pandemic. The Constitution has the answer.
Milwaukee voters wait in a social-distancing line, some wearing masks, before voting in the state’s spring elections on April 7. AP Photo/Morry Gash

Why the Supreme Court made Wisconsin vote during the coronavirus crisis

The Supreme Court under Chief Justice John Roberts has reversed its decadeslong practice of protecting voters’ rights and removing barriers to casting ballots.

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