This piece has been updated throughout to reflect breaking news in advance of the president's 11 a.m. speech.
Ruth Bader Ginsburg is a great American. She was a pioneer in the women’s rights legal movement, co-founding its first journal and lecturing on the topic as Columbia’s first tenured female law professor (my father was in her first-ever class, and recalls her as a great teacher). She was the American Civil Liberties Union’s general counsel after founding its Women’s Rights Project.
The fatal flaw in the Obama administration's defense of metadata collection.
Is the Constitution an imperfect document that has led to some combination of inefficiency (as the left argues) and a lack of democratic accountability (as the right argues)? Is it the Constitution that has been largely responsible for the problems of Barack Obama's presidency?
The controversial, risky options if Congress doesn't act
A law professor lays out the least unconstitutional options for resolving a national crisis
The biggest burden of being president is surely having to make decisions that will lead to people being killed and maimed in war: American soldiers who die decades before their time, innocent civilians in enemy countries, even enemy soldiers who rarely bear any moral responsibility for the decisions that make their countries our enemies.
I have a pretty broad view of presidential power to use military force abroad without congressional authorization. On that view, which is close to the past views of the Office of Legal Counsel, the planned use of military force in Syria is a constitutional stretch that will push presidential war unilateralism beyond where it has gone before. There are many reasons why it is a stretch even under OLC precedents.
The Founding Fathers might not approve of today's Senate
The Founding Fathers might not approve of today's Senate.
The case of Bradley Manning is not just about a soldier who slipped documents to WikiLeaks. Prosecutors have embraced a logic that could apply the death penalty to civilans who leak to the New York Times.
By his own account, George Allen didn’t have much fun in his first and only term in the U.S. Senate, which, he once complained, moves “at the pace of a wounded sea slug.” Even less fun, however, was the dramatic flameout that took place during his 2006 campaign for reelection. First, New Republic reporter Ryan Lizza discovered a high school yearbook photo featuring a teenage Allen with a Confederate flag pin attached to his collar. Then, a few months later, Allen was caught on tape calling a South Asian Democratic campaign worker “macaca.” Suddenly, Allen had a race problem.