In defense of ‘traditional’ marriage

Even though I grew up in Las Vegas, I’ve never been much of a betting man.

But if I were, I’d be willing to lay 2 to 1 odds that the Supreme Court will strike down the federal Defense of Marriage Act and recognize gay unions.

Constitutional law is filled with contradictory language and murky doctrine, and trying to predict court rulings is about as easy as drawing an inside straight at the poker tables. But this one seems to me like it ought to be a constitutional no-brainer, at least to the intellectually honest members of the court.

Continue reading

Posted in Uncategorized | Tagged , , , | Leave a comment

Can we be safe in a free society?

As happens every time there’s a mass shooting – a tragedy of increasing frequency, it seems – gun dealers nationwide reported a spike in sales in the days following the terrible slaughter this month in Connecticut.

People wait in line to enter a gun show in Marietta, Ga. on Saturday, Dec. 22, 2012. As gun control talks heat up in Washington, more than 1,000 people lined up Saturday morning outside the exhibit hall at Jim Miller Park in Cobb County for the Eastman Gun Show. (AP Photo/Mike Stewart)

The experts tell us there are already about 250 million guns in the United States. I wonder how many more we’ll need to feel safe.

I don’t feel any safer, really, despite the 12-gauge I keep safely accessible at home. But I do feel just a bit ashamed as a gun owner who, each time another shooting makes headlines, shrugs helplessly, given the inefficacy of gun laws, the intransigence of the gun lobby and everyone’s inability to make sense of the contradictory statistics of gun control.

But all that crap about the victims of gun violence being the necessary collateral damage of our Second Amendment rights just doesn’t seem like enough this time. Twenty-six dead, 20 of them little children, in the middle of the holiday season in the middle of an elementary school in the middle of the supposedly most civilized nation on earth. The victims of our historic love affair with guns and violence.

Continue reading

Posted in Uncategorized | Tagged , , , , | 6 Comments

Standing up for Pledge’s real meaning

I used to get quite a few of those loopy mass emails that traffic in mass misinformation.

You know the kind I mean, the ones with the president allegedly refusing to salute the flag or shaking hands with Joseph Stalin as a tyke or some other such foolish fabrication.

Instead of giving myself an ulcer ignoring such things (I don’t suffer fools gladly), I’ve been hitting the “reply all” button and countering these misleading missives with actual facts.

So I’ve been getting fewer and fewer epistles of ignorance as I get dropped from mailing lists. The purveyors of foolish fabrications don’t seem to like actual facts.

Continue reading

Posted in Uncategorized | 1 Comment

Rewrite the Constitution, or this book?

“The Daily Show” is a news show for people who don’t watch news shows.

Similarly, “Me the People,” by Daily Show writer Kevin Bleyer, is a book on the U.S. Constitution for people unlikely to read books about the U.S. Constitution. With some reservations, I’d even recommend “Me the People” to someone who was planning to read only one book about the Constitution.

Some big reservations, actually, which have to do with Bleyer’s rhetorical and artistic choices. His constitutional law and history jokes might sound funny delivered by Daily Show host Jon Stewart, but Bleyer’s sense of necessary self-deprecation fails him in spots and the humor sometimes comes off as annoyingly self congratulatory.

Continue reading

Posted in Uncategorized | Tagged , , , , | Leave a comment

No need for new military funeral law

“There oughta be a law!”

Well, there is, actually.

“No, no. A law to keep those despicable Westboro folks from protesting at the funerals of fallen soldiers.”

Well there is, actually. In 2006, President George W. Bush signed into law the Respect for America’s Fallen Heroes Act, which forbid protests within 300 of the entrance to a federally administered cemetery within an hour before or after a military funeral. States such as Maryland, where a York County man, Albert Snyder buried his son, Marine Lance Cpl. Matthew Snyder, have passed similar laws to cover other burial places.

Continue reading

Posted in Uncategorized | 2 Comments

A right to remain anonymous

I’m Marc Charisse and I approved this message.

I don’t have much choice, actually, working as I do in a profession that puts a premium on standing behind what you believe in by putting your name on it. Most newspapers, like The Evening Sun, don’t publish anonymous letters to the editor. And with rare exceptions, we don’t quote anonymous sources in news stories, either.

After all, how much stock should readers put in what you have to say if you aren’t willing to put your name on it? Patriots, I like to say, should be made of sterner stuff.

The trouble with that rhetorical flourish, though, is that the Founding Fathers themselves favored pseudonyms when they wrote the Federalist Papers. So as a student of American history and our Constitution, I have trouble cheering Democratic efforts to require that donors to the so-called super PACs be made public.

Continue reading

Posted in Uncategorized | Tagged , , , , , , | 1 Comment

Supreme Court recognizes a ‘right’ to lie

While the health-care ruling last Thursday was getting all the attention, the Supreme Court quietly decided a First Amendment case that recognizes a right to lie.
Or, more accurately, recognizes a right to be free from government prosecution for lying about your military service. In U.S. v. Alvarez, the court struck down a federal law that made it a crime to lie about receiving military decorations, including the Medal of Honor.
Continue reading

Posted in Uncategorized | Tagged , , , | Leave a comment

Court less divided than you might think

One of the most common complaints I hear at our regular Tuesday constitutional law lunches is that the Supreme Court is too often divided,  5-4, along predictably ideological lines. That suggests, of course, that the justices’ opinions are determined more by political prefernce than legal principle.

But an excellent reader in The New York Times this morning presents another view: That the court is often less divided, and less ideologically driven, than it sometimes appears, even in many significant cases. And that despite President Obama’s appointments, we can expect continued conflict between the court and the administration. Click here to read the article.

Posted in Uncategorized | Tagged , , , , | Leave a comment

Presenting the Great Prognosticator

Supporters of President Barack Obama's health care law celebrate outside the Supreme Court in Washington, Thursday, June 28, 2012, after the court's ruling was announced. AP Photo/David Goldman)

OK, I was wrong about the Supreme Court’s vote on health care. For months, I’ve been confidently predicting a 6-3 vote upholding the law.

But I was right on about Chief Justice John Roberts, who I insisted would do the right thing — constitutionally speaking — and vote to uphold the power of a democratically elected Congress to enact national health-care legislation.

So pardon me while I bask in the unaccustomed light of being right about something for a change. A lawyer friend has even taken to calling me the Great Prognosticator in light of my seeming clairvoyance regarding the chief justice.

Continue reading

Posted in Uncategorized | Tagged , , , , | 2 Comments

More speech always better than less

We started meeting a couple of years ago in downtown Hanover every Tuesday, ostensibly to debate the big issues of constitutional law.

But the weekly lunches at the Reader’s Cafe are really civil discussions of law, local politics, the newspaper business and a lot of other things. A chance for me to meet any readers who care to drop by and talk about what they want to talk about.

But last Tuesday, observed one regular attendee, we had our first knock-down, drag-out constitutional-law debate. Or rather, the Democrats in the group gave me the verbal cowhiding they thought I so richly deserved for my support of the Supreme Court’s decision in Citizens United.

Continue reading

Posted in Uncategorized | Tagged , , , | Leave a comment