Category Archives: Constitution

A Halloween Treat(y): Political Partisanship and The Declining Role of Article II Treaties
America / Constitution / Foreign Policy / Gov. Officials / National Security / Politics / Presidency

A Halloween Treat(y): Political Partisanship and The Declining Role of Article II Treaties

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21st Century government in the United States has become synonymous with extreme political polarization. Since the 2000 presidential election, and the subsequent Supreme Court decision in Gore v. Bush, political bipartisanship has been sparse, at best. Numerous factors have played into the growing political divide in Washington, including a widening ideological gulf between the Democratic … Continue reading →

America / Constitution / Foreign Policy / Gov. Officials / National Security / Politics / Rule of Law / Uncategorized

Supreme-ly Ironic: How the Judicial Branch Affects Foreign Policy

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In one short, succinct statement Justice George Sutherland altered the relationship between Congress and the executive branch. “The President [operates] as the sole organ of the federal government in the field of international relations,” he wrote in the United States Supreme Court’s decision of U.S. v. Curtiss-Wright Export Corporation. Whereas the Constitution lays out distinct, … Continue reading →

America / Constitution / Foreign Policy / Uncategorized

It’s Not lllegal To Be Stupid: Freedom of Speech Extends to Anti-Islam Film

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After any tragedy, it is a natural human response, almost a psychological need, to assign blame, to call for retribution. This trend is no different in the wake of the attack on a U.S. Consulate in Libya that killed 4 Americans, including U.S. Ambassador J. Christopher Stevens. The assault stemmed from a protest denouncing an … Continue reading →

Constitution / Economy / Fiscal policy / Politics

Swiss-tested, Keynes-approved: Switzerland’s debt brake as a model for the U.S.

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By Will Portman Critics of a balanced budget amendment (BBA), such as the Center on Budget and Policy Priorities (CBPP), argue that a BBA would “mandate perverse actions in the face of recessions” and thus “aggravate recessions.” And they’ve got a point — at least about a BBA that would mandate that the budget be balanced … Continue reading →

America / Constitution / Other / Politics / Rule of Law

Our Constitution: Absolutely Not A “Living Breathing Document”

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Is our Constitution a “Living Breathing Document?” Well, what is a “Living Breathing Document?” In The American Constitution and The Debate over Originalism, Dennis Goldford defines the concept of a living breathing document. He quotes Harlold Koh, legal expert, as defining the concept as a “flexible pragmatism that views the Constitution as a living document … Continue reading →

America / Constitution / Fiscal policy / Politics

Is it too hard to amend the Constitution?

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By Will Portman On Monday, I went to a talk at the Brookings Institution entitled “America’s Dysfunctional Politics: Is the Constitution to Blame?” Professor Sanford Levinson of the University of Texas School of Law discussed his new book, Framed: America’s 51 Constitutions and the Crisis of Government, which argues that the 225-year-old U.S. Constitution is … Continue reading →