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Articles on Constitutional law

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Civil rights leader Martin Luther King Jr., left, and attorney Fred Gray, whom King called ‘the brilliant young Negro who later became the chief counsel for the protest movement,’ at a political rally in Tuskegee, Alabama, April 29, 1966. AP Photo/Jack Thornell

Fred Gray, the ‘chief counsel for the protest movement,’ to get Medal of Freedom for his civil rights work

When Rosa Parks was arrested for sitting in the front of a bus in Montgomery, Fred Gray was her lawyer. Now he’s being honored for a lifetime of civil rights advocacy.
Ketanji Brown Jackson at her Senate Judiciary Committee hearing as a nominee to be a U.S. Circuit Judge for the District of Columbia Circuit, on April 28, 2021. Tom Williams-Pool/Getty Images)

Biden nominates Ketanji Brown Jackson to the Supreme Court: 7 questions answered

A constitutional law professor provides insight on what Judge Ketanji Brown Jackson, the first Black woman nominated to the Supreme Court, could mean for how that court works.
The U.S. army conducts a military training exercise for emergencies in Germany on Jan. 27, 2022. Armin Weigel/picture alliance via Getty Images

Biden sending more troops to Eastern Europe – 3 key issues behind the decision

President Joe Biden is deploying 3,000 troops to support NATO in Eastern Europe. By doing so, Biden enters both a regional conflict and tangled legal territory.
Ontario Premier Doug Ford walks to his office in June 2020 as legislators debated the government’s legislation that enabled it to invoke the notwithstanding clause. THE CANADIAN PRESS/Chris Young

Notwithstanding the notwithstanding clause, the Charter is everyone’s business

By paying greater attention to the originally intended application of the Canadian Constitution’s notwithstanding clause, along with the diversity of lawmakers in Canada, there’s a better path forward.
Illuminating recent Supreme Court rulings. Geoff Livingston via Getty Images

Religion at the Supreme Court: 3 essential reads

Religion was a common theme in some of the cases to come before the nine justices in the recently concluded Supreme Court term. Three experts help explain what is at stake.
Without a formal constitution, Israelis disagree on such basic issues as whether Israel is a Jewish state. Jack Guez/AFP via Getty Images

How Israel’s missing constitution deepens divisions between Jews and with Arabs

Governed by a changeable body of ‘basic laws,’ Israel never settled basic questions like the rights of religious minorities. These destabilizing issues will continue to fester under a new government.
Prime Minister Justin Trudeau speaks as Ontario Premier Doug Ford listens at a groundbreaking event at a gold mine in 2020. THE CANADIAN PRESS/Nathan Denette

Doug Ford uses the notwithstanding clause for political benefit

Ontario has historically been the province in Confederation most concerned about buoying Ottawa and limiting its own relative power for the sake of national unity. Doug Ford puts that legacy at risk.
Legislation pending in Congress would contribute to reforming how police conduct themselves – but there’s a limit to what federal legislation can do. Seth Herald / AFP/Getty Images

Congress can’t do much about fixing local police – but it can tie strings to federal grants

While many in America are looking to Congress to pass police reform legislation, the federal government has almost no control over state and local police departments.
If the House of Representatives selects the president, each state would get a single vote – not one vote per House member. iStock/Getty

Congress could select the president in a disputed election

Judges are generally reluctant to decide elections, as the Supreme Court controversially did in 2000. As a result, Trump’s flurry of litigation could wind up throwing the election to the House.
The Supreme Court will soon add another originalist to its ranks if Judge Amy Coney Barrett is confirmed. Stefani Reynolds/Getty Images

What is originalism? Debunking the myths

The judicial theory has been a major talking point during the past three Supreme Court nominations. But what does it actually mean?

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