Congress, Constitutional Law, Politics

Arnold Schwarzenegger and the Constitutional Ban on Foreign Born Presidents

Published 11/22/2004

It is the most glaring contradiction in our Constitution: a nation of immigrants that excludes anyone who is not born in the United States from becoming president. While long criticized, it went largely unchallenged until Arnold Schwarzenegger became governor of California and his fans discovered that he couldn’t become “The Presinator” because of his Austrian birth.
It is hardly the stuff that inspiring constitutional movements are made of, but, then again, one takes what one can get when it comes to constitutional reform. Continue reading “Arnold Schwarzenegger and the Constitutional Ban on Foreign Born Presidents” →

Columns, Congress, Politics

It’s All Legal in the Bizarre World of Congressional Ethics

published 12/27/2004

Orientation week can be a daunting and confusing process for any freshman, particularly for the nine new senators and 38 new House members of the 109th Congress. During the recent orientation week on Capitol Hill, one freshman, Representative-elect Al Green, D-Texas, noted “as a neophyte trying to find his way, you need as many people to direct you as you can.”
Indeed, that education is about to begin in earnest, starting with the ethics book included in their orientation kits. On their face, the ethics rules would seem to bar any self-dealing or profit-taking by members. In reality, they actually legalize conduct that would be viewed as grossly unethical or corrupt in the other government branches. For Green and the other neophytes, therefore, the following are four easy lessons on how to earn millions on a government salary. Continue reading “It’s All Legal in the Bizarre World of Congressional Ethics” →

Lawyering, Politics

The Lawn Mower Guy and Other Legal Myths in the Tort Reform Movement

Published 1/30/2005

By Jonathan Turley
Have you heard about the guy who injured himself while using his lawn mower as a hedge clipper, and then won $500,000 in a lawsuit against the lawn mower company? How about the woman who threw a soft drink at her boyfriend, slipped on the wet floor, and then won $100,000 in a lawsuit against the restaurant? These are only two of the common examples of lawsuit abuses that are fueling the call for “litigation reform.” They are also completely untrue — part of a growing collection of legal mythologies that are appearing widely in the national media. Continue reading “The Lawn Mower Guy and Other Legal Myths in the Tort Reform Movement” →

Columns, Justice

The Other Jonathan Turley: How My Identity was Stolen and I Brought Two Luxury Cars

Published 2/21/2005

For the past month, a detective has been trying to arrest me in New York. Most people in such a position would be highly distressed, but I am frankly delighted. Perhaps an arrest will bring an end to a criminal life that began for me in December, when I started buying luxury cars for friends in the Bronx.
Of course, when I first learned that I was on the lam, I was more than a little surprised because I was in Washington at the time, driving a beat-up green Volvo wagon. I had become the latest victim of identity theft, joining tens of millions of other victims across the country. Continue reading “The Other Jonathan Turley: How My Identity was Stolen and I Brought Two Luxury Cars” →

Congress, Constitutional Law, Politics

Terri Schiavo and How Temptation Can Top the Constitution

Pubished 3/22/2005
By Jonathan Turley
During the drafting of the Constitution, the Framers often spoke of the interests of the “body politic” — a term that took on a new and chilling meaning this week in the fight over Terri Schiavo. Laying in a persistent vegetative state in Florida, Schiavo has literally become the body politic — a transcendent symbol claimed by rivals in an ongoing cultural war. Ironically, as each side has struggled to embrace her cause, she has become less real, more personification than person. Continue reading “Terri Schiavo and How Temptation Can Top the Constitution” →

Congress, Constitutional Law, Politics

Mr. Frist Goes to Washington — and the Art of the Filibuster

Published 4/6/2005

If, like me, you hate sequels, stay away from the Senate floor this month. Senate Majority Leader Bill Frist, R-Tenn., may soon try to change one of the longest congressional traditions in the nation’s history — the 200-year-old right to filibuster. However, unlike the original movie, Mr. Smith Goes to Washington, this modern sequel has the makings of neither good viewing nor good politics.
For many Americans, Frank Capra’s 1939 classic work was their first introduction to the filibuster and contains perhaps the quintessential American film scene. Standing alone on the floor of the U.S. Senate, young Sen. Jefferson Smith refuses to yield to the corrupt plans of his powerful colleagues. Against all odds, he invokes the filibuster — the right of a single person to hold the floor against the world — as long as he can continue to stand and to speak. Continue reading “Mr. Frist Goes to Washington — and the Art of the Filibuster” →

Constitutional Law, Supreme Court

The Supreme Court and the Possibility of a Hard Right Turn

Published 6/26/2005

It is a true sign of desperate times when liberals are fretting over of the expected retirement of Chief Justice William Rehnquist. It is not that they have come to love Rehnquist — once called the “Lone Ranger” for his strident conservative dissents on the Warren Court. Yet, liberals have learned that there are actually judges to the right of Rehnquist, a number of whom are on the short list to replace him. It is like Luke Skywalker celebrating the demise of the Emperor only to learn that he was considered the mild-mannered runt of the litter. Continue reading “The Supreme Court and the Possibility of a Hard Right Turn” →

Justice, Supreme Court, Uncategorized

Candidates for the Supreme Court: Judging the Short List

Published 6/26/05

With the anticipated retirement of Chief Justice William Rehnquist, speculation is rife on the possible nominees on President Bush’s short list. Fortunately for Supreme Court handicappers, Bush has only a couple of simple known criteria. First, he wants ideological consistency. Second, he wants longevity. Short of nominating an embryonic stem cell, the White House would prefer a baby boomer with long-term potential. A few candidates have emerged as leading short-listers. For simplicity, each will be rated below based on the gold standard for conservative purity: Karl Rove. On the Rove-o-meter, five Roves represents the purest conservatism while one would represent marginal conservatism. Continue reading “Candidates for the Supreme Court: Judging the Short List” →

Constitutional Law, Justice, Supreme Court

John Roberts: The Before and The After

Published 8/30/2005

Imagine dating someone for a couple of weeks before you have to decide whether to make a lifetime commitment. That is precisely the situation of senators in confirming a Supreme Court justice. Because a confirmation is rarely a case of love at first sight, it usually comes down to the testimony of the nominee, who is invariably told by White House chaperones to say little and smile a lot.
John Roberts may be the ultimate example of the judicial blind date. Continue reading “John Roberts: The Before and The After” →

Congress, Constitutional Law, Politics, Supreme Court

What Qualifies One for the Supreme Court?

Published 10/5/2005

In his announcement of the nomination of White House counsel Harriet Miers to be an associate justice of the Supreme Court, President Bush concluded with a simple and direct statement to Congress: “I ask the Senate to review her qualifications thoroughly and fairly and to vote on her nomination promptly.”
On its face, it seems straightforward enough. Like the president, most senators speak of “qualifications” as if the term is self-defining or obvious. Yet, after more than 200 years, neither the Senate nor law professors have agreed on what constitutes a “qualification” for the nation’s highest court. Indeed, looking over the past 157 nominations (and 42 unsuccessful nominations since 1789), there is little consensus on what constitutes a truly qualified person to sit on the court. Continue reading “What Qualifies One for the Supreme Court?” →

Justice, Lawyering, Politics

The Plame Scandal and a Story In Search of a Redeeming Character

Published 10/31/2005
The indictment of I. Lewis “Scooter” Libby, former chief of staff to Vice President Cheney, has given the Valerie Plame scandal the pre-requisite indictee, a face for this ongoing drama. What is more troubling, however, has been the absence of a heroic or even positive figure.
On its face, this affair had all of the elements of a blockbuster political drama. An embattled president is accused of lying to the American people to take the country to war. Shadowy political operatives launch a campaign to punish the man who uncovered the lie by destroying the career of his wife, a covert CIA operative. Indeed, even the name — the Valerie Plame affair — carried a certain sexy and intriguing appeal. By this point, Washington should be crawling with book and movie agents except for the one missing element: a single redeeming character. Continue reading “The Plame Scandal and a Story In Search of a Redeeming Character” →

Justice, Supreme Court

Role Models for Roberts: Chief Justices and the Legacies

Published 9/11/2005

With the formal end of the Rehnquist Court, John Roberts will by definition hearken a new era on the Supreme Court if confirmed as the 17th chief justice of the United States. Before there is a “Roberts Court,” however, there must first be a clearly defined Chief Justice Roberts. With the start of his Senate hearings today, Roberts will begin the transformation from a circuit judge to chief justice. In doing so, he might want to consider the models left by 16 great and not-so-great predecessors. Continue reading “Role Models for Roberts: Chief Justices and the Legacies” →

Constitutional Law, Politics, Supreme Court

Parental Rights and Abortion

Published 12/5/2005

Last week, the U.S. Supreme Court heard arguments in Ayotte v. Planned Parenthood, a case concerning the right of parents to be notified on abortions given to minor children. The case is seen as a bellwether on the court’s shifting majority on abortion as well as the future of parental notice and consent laws in 43 states.
Cases like Ayotte are produced by a collision of two powerful interests: The right of parents to participate in major medical and moral decisions affecting their minor children vs. the right of children to have abortions. Continue reading “Parental Rights and Abortion” →

Congress, Constitutional Law, Justice, Politics, Supreme Court

Bush and Domestic Spying: A Threat to Our Principles

Published 12/21/2005

This week, President Bush is struggling to deal with rising accusations that he committed federal crimes in ordering the eavesdropping on hundreds, if not thousands, of people without court orders. It is a scandal that raises troubling questions not just for the presidency but also for the president.

In some ways, it was inevitable that we would find ourselves at this historic confrontation. Bush has long viewed the law as some malleable means to achieve particular ends, rather than the ends itself. In this sense, there is an eerie similarity between the views of Bush and two of his predecessors: Richard Nixon and Bill Clinton. Continue reading “Bush and Domestic Spying: A Threat to Our Principles” →

Congress, Constitutional Law, Politics, Supreme Court

Troubling Times for a Troubling Nominee: Samuel Alito

Published 1/9/06

Despite my agreement with Alito on many issues, I believe that he would be a dangerous addition to the court in already dangerous times for our constitutional system. Alito’s cases reveal an almost reflexive vote in favor of government, a preference based not on some overriding principle but an overriding party.

In my years as an academic and a litigator, I have rarely seen the equal of Alito’s bias in favor of the government. To put it bluntly, when it comes to reviewing government abuse, Samuel Alito is an empty robe. Continue reading “Troubling Times for a Troubling Nominee: Samuel Alito” →