Issue Brief posted November 26, 2013
Senate Joint Resolution 12: Sanctioning Racial Discrimination in Hawaii
Distinctions between citizens solely because of their ancestry are, by their very nature, odious to a free people whose institutions are founded upon the doctrine of equality.
Senators Brian Schatz (D–HI) and Mazie Hirono (D–HI) recently introduced a resolution, Senate Joint Resolution 12, that would provide congressional approval of amendments to the Hawaiian Homes…
Legal Memorandum posted November 7, 2013
Bond v. United States: Federalism’s Limits on the Treaty Power
The provisions of the Constitution do not want for exercise in the courts through litigation, so when a hugely important clause in the Constitution appears before the Supreme Court of the United States after nearly a century of neglect, the public should take notice. For example, in 2008, the Supreme Court decided District of Columbia v. Heller, holding that the Second…
Issue Brief posted October 9, 2013
The President’s Legal Authority at the Debt Limit
Some time between the middle and the end of October, the federal government will reach a hard limit on the amount of debt it can issue, and its ability to finance governmental operations will be affected. Confusion about the debt limit abounds, and this Issue Brief will address some common questions.
What Is the Debt Limit?
The United States debt limit, or debt…
Legal Memorandum posted October 2, 2013
Protecting the First Amendment from the IRS
“Congress shall make no law…abridging the freedom of speech.”
—U.S. Const., Amend. I
“Political speech must prevail against laws that would suppress it, whether by design or inadvertence…. Premised on mistrust of governmental power, the First Amendment stands against attempts to disfavor certain subject or viewpoints.”
—Citizens United v. Federal Election…