In honor of President’s Day, I recently visited the National Archives. With the utmost awe and reverence, I walked up to the enclosed cases containing the original copy of our United States Constitution. My eyes slowly panned across my favorite provisions—Article I limiting the powers of Congress, Article III creating the Supreme Court, and Article VI stating that the Constitution is the “Supreme Law of the Land.” But, my immersion in our Charter of Liberty was abruptly interrupted. A guard told me to keep walking: “Please do not read the entire Constitution. If you want to read the entire document,…
During oral arguments in NFIB v. Sebelius, the Solicitor General of the United States, charged with defending the Affordable Care Act, made the argument that the law actually promotes liberty. As I retell in Unprecedented, Solicitor General Verrilli drew together a connection between freedom and health care security.
Verilli continued, “There is an important connection.” He paused for emphasis. “A profound connection, between that problem and liberty. And I do think it’s important that we not lose sight of that.” These were comments likely aimed at Justice Kennedy, who has grounded his ve the opportunity to enjoy the blessings of liberty . . . “In a very fundamental way, this Medicaid expansion, as well jurisprudence in the protection of individual liberty and dignity interests.
Now that the debate over Arizona’s SB 1062 bill is over, it is worthwhile to pause and think about some of the legal implications of carving out religious exemptions for generally applicable anti-discrimination law. Specifically, does the federal Religious Freedom Restoration Act (which was virtually identical to the provision proposed in Arizona) offer a defense for a private claim of discrimination.
In Poland, according to an animal protection law, animals must be stunned with a stun-gun prior to slaughtering. The European Convention for the Protection of Animals for Slaughter permits EU member countries to exempt religious slaughter from the stunning requirement. However, the Polish Parliament voted against granting the exemption. However, such a slaughter would not satisfy the rules of Kosher, which proscribe a very specific manner to kill an animal in accordance with Jewish Law. As a result, it is effectively illegal to make kosher meat in Poland. Unsurprisingly, several slaughterhouses are violating the law, and doing it anyway.
In Halbig v. Sebelius–a case that considers whether the Obamacare exchanges operated by the federal government can provide subsidies–seven members of Congress submitted an amicus brief telling the D.C. Circuit what the law really means. Senators Baucus, Harkin, and Reid, and Representatives Levin (MI), Miller (CA), Pelosi (CA), and Waxman (CA) insist that congress never intended to limit subsidies to state-run exchanges.
Recently, Justice Scalia made a lot of news when he faulted Chicago deep dish pizza. He noted that it is more like a “tomato pie,” and “shouldn’t be called pizza.” (As a native of Staten Island, I couldn’t agree more!). But during his speech at the Union League’s 126th George Washington’s Birthday Gala, Justice Scalia spoke to a much higher power than pizza.
He opined on the relationship between civic virtue, or what he called “the Republican spirit” and a “successful republic.”
After serving two terms in office, with some reluctance, President Theodore Roosevelt decided not to run for an unprecedented third term, keeping with the tradition started by George Washington. Though, that decision was not an easy one. He stepped aside for two main reasons: first, he had (begrudgingly) made a pledge not to run for a third term, and second, he personally selected William Howard Taft, his longtime friend and confidant, as his successor with the understanding that Taft would continue his progressive policies. Even until the Republican Convention, Teddy considered throwing his hat into the ring, but stood by his pledge.
During a recent trip to the National Archives, I saw one of the earliest known copies of Magna Carta in existence. And I remembered one of my favorite parts of Magna Carta, the “Law of the Land” clause:
No freeman is to be taken or imprisoned or disseised of his free tenement or of his liberties or free customs, or outlawed or exiled or in any way ruined, nor will we go against such a man or send against him save by lawful judgement of his peers or by the law of the land. To no-one will we sell or deny of delay right or justice.
This pronouncement, that neither life, liberty, nor property can be taken except by the “judgment of his peers or by the law of the land,” is the constitutional predecessor of our Due Process Clause. This also served as a basis for some notion of judicial review. Some argue that this history provides for a substantive component of law, rather than a mere procedural aspect.