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from The Great Debate:

Despite Scalia, Supreme Court sends Obama a progressive message

breyer-and-scalia-1024x707

In a decision widely perceived as a setback for President Barack Obama last week, the U.S. Supreme Court rejected the president’s recess appointment of three members of the National Labor Relations Board. Though the ruling could mean Obama never makes another recess appointment, the court’s reasoning is a substantial victory for progressives. It decisively rebuffs the wrongheaded, rigid brand of originalism that argues only the framers’ original intent is relevant in interpreting the Constitution -- which conservative justices have supported for decades.

The court’s judgment was unanimous, yet the two separate opinions issued highlight the deep ideological fissure dividing the four conservative justices from the five who joined the court’s opinion. A majority of justices embraced a pragmatic reading of the Constitution, taking account of the nation’s rich experience over the past 225 years. That approach is far removed from the conservative justices’ unrealistic insistence that the Constitution is frozen in the late 18th century.

This starkly divided faux-nanimous decision, as Dahlia Lithwick labeled it in Slate, is the latest public conflict between the radical justices on the right, led by Justices Antonin Scalia and Clarence Thomas, and the more moderate traditionalists on the high bench. Scalia, as his opinion reflects, is the senior justice promoting the twin doctrines that the Constitution’s meaning was not only fixed in stone in 1789 but is also based on the literal words in the text.

True, the framers’ intended meaning, as presented in the text, is an important starting point. But it is unrealistic and ultimately destructive to insist that courts must close their eyes to the nation’s intervening experience -- including the evolution of the government’s political branches, astonishing changes in technology and the needs of modern society.

from The Great Debate:

Can National Popular Vote end the voting wars?

One of the most pernicious outcomes of the intense political struggle between Democrats and Republicans is the parties’ breathtaking capacity to game our voting rules. Nothing makes voters more cynical than seeing political leaders seemingly supporting or opposing election laws based solely on their partisan impact -- from redistricting reform to fights over whether to allow early voting. ­

But a reform win in New York could foreshadow a cease-fire in the voting wars. On April 15, Governor Andrew Cuomo signed legislation making New York the 10th state to pass the National Popular Vote (NPV) interstate compact for president. Overwhelming majorities of both Republicans and Democrats approved the bill, which seeks to guarantee election of the presidential candidate who wins the most popular votes in all 50 states and the District of Columbia.

from The Great Debate:

Executive orders: Part of the framers’ grand plan

President Barack Obama has used his executive authority to stop deporting undocumented immigrants who had been brought to the United States as children. The administration has also announced that it will stop requesting mandatory minimum sentences for low-level, non-violent drug offenders.

Obama is now using executive orders and other unilateral exercises of executive power to advance his agenda rather than wait on Republicans in Congress.

from MacroScope:

Hollande’s moment of truth

This afternoon, French President Francois Hollande will expand upon his New Year announcement that French companies who agree to hire more workers could pay lower labour taxes in return and find themselves less tied up in red tape. Unemployment is running near to 12 percent and Hollande’s vow to get it falling by the end of 2013 fell short.

Unfortunately, the announcement has been eclipsed by his threat of legal action after a French magazine reported he was having an affair with an actress. France tends to overlook its politicians’ peccadilloes but with the economy in a hole, Hollande risks facing the charge that he should be focusing squarely on that.

from The Great Debate:

Not ‘court-packing,’ GOP’s aim is ‘court-shrinking’

The party that brought you “death panels” and “socialized medicine” has rolled out another term -- carefully selected, like the others, for its power to freak people out. “Court-packing” now joins a Republican rogue’s gallery of poll-tested epithets.

Of course, “court-packing” is not a new term, and its menacing overtone is not a recent discovery. “There is a good deal of prejudice against ‘packing the court,’” observed Homer Cummings, the U.S. attorney general, in 1936, on the eve of President Franklin D. Roosevelt’s failed attempt to do just that -- to tip the Supreme Court’s balance by increasing the number of seats and filling them with New Dealers. Cummings, who sold the idea to FDR, hoped Americans would not be “frightened by a phrase.”

from The Great Debate:

A call for a right-to-vote amendment on Constitution Day

Are today’s liberal politicians willing to go to the mat for a seemingly old-fashioned, civil-rights era throwback like the right to vote?

If they care about preserving access to the franchise in the face of the many newfangled voting restrictions that conservatives are now aiming at minority, young or poor voters, they will. And, if they care about advancing the ideals of an inclusive American democracy, they must.

from The Great Debate:

Debating the Constitution in Newtown

The first sign of their presence was the smell of cigarette smoke. There were about a dozen of them, dressed in black T-shirts with yellow lettering reading "Save Our Constitution." They were holding flags -- mostly Stars and Stripes, but also some Gadsden standards with coiled rattlesnakes, "Don't Tread on Me" emblazoned in black.

Mixed between the high school marching band, the children and the ponies, these were the Oath Keepers. They had come to Newtown, Connecticut to march in the first Labor Day parade held since 20 children and six educators were massacred with a tactical assault weapon in their classrooms. Like the armed attention-seekers who descended on the local Starbucks a few weeks back, the Oath Keepers wanted to make their presence known.

from The Human Impact:

INFOGRAPHIC: Egypt’s constituent assembly

CREDIT: Mina Fayek

LONDON (Thomson Reuters Foundation) - Egypt appointed a newconstituent assembly on Sunday, the third since a popular uprising toppled President Hosni Mubarak in 2011.

This week, Cairo-based blogger Mina Fayek posted a very usefulinfographic on his blog detailing the composition of the 50-member assembly ordered to review amendments to the constitution signed by Egypt’s first democratically elected president, Mohamed Mursi, at the end of last year.

from The Great Debate:

Tsarnaev: What would Washington have done?

George Washington was ruthless.

As commander in chief of the Continental Army, Washington was prepared to crush those who attacked American liberty. He set up military commissions to swiftly hang enemies. He sparked an international incident when he ordered the execution of a random teenage prisoner. He even justified torture. But he reserved his ferocity for foreign enemy combatants.

Following the firestorm of last week’s Boston bombing and the ensuing violent manhunt, we are trying to find our bearings. We need to aggressively extract information, identify additional threats and hunt down any accomplices, whether foreign or homegrown. Yet we must remain careful not to slide toward an Orwellian state – where Big Brother runs roughshod over local authorities, monitors Americans without probable cause, restrains the movements of innocent civilians or rains drone missiles on U.S. soil.

from Africa News blog:

Are African governments suppressing art?

By Cosmas Butunyi

The dust is finally settling on the storm that was kicked off in South Africa by a controversial painting of President Jacob Zuma with his genitals exposed.

The country that boasts one of the most liberal constitutions in the world and the only one on the African continent with a constitutional provision that protects and defends the rights of  gays and lesbians , had   its values put up to  the test  after an artist    ruffled feathers by a painting that questioned the moral values  of the ruling African National Congress .

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