Constitution Daily

Smart conversation from the National Constitution Center

Little Sisters and Big Burdens:  Does Obamacare substantially burden the free exercise of religion?

March 7, 2016 By Jeffrey Shulman

In this commentary, Jeffrey Shulman from Georgetown Law looks at the upcoming Supreme Court case on the Religious Freedom Restoration Act and Obamacare, and how the drafting language in RFRA complicates the Court's job.

Noteworthy notes by Scalia in Obergefell

October 21, 2015 By Jeffrey Shulman

Jeffrey Shulman from Georgetown Law looks at Justice Antonin Scalia’s well-crafted dissent in the Obergefell same-sex marriage decision, which he believes is a trend setter for legal citations.

Two little known statutes may make religious belief superior to the law of the land

October 3, 2014 By Jeffrey Shulman

Jeffrey Shulman from Georgetown Law looks at the unintended consequences of two statutes that could, in the words of Justice Antonin Scalia, "permit every citizen to become a law unto himself."

The constitutional debate over parental rights: A missed opportunity

July 21, 2014 By Jeffrey Shulman

In the last of the three-part series, Jeffrey Shulman from Georgetown Law looks at how the 2000 Troxel case was a missed opportunity to give parental rights a constitutional upgrade.

The Supreme Court's religious parenting precedent

July 14, 2014 By Jeffrey Shulman

In the second of the three-part series, Jeffrey Shulman from Georgetown Law looks at Wisconsin v. Yoder, the Supreme Court “port” from which a number of religious parenting cases would be launched.

Does the Constitution protect a fundamental right to parent?

July 8, 2014 By Jeffrey Shulman

In the first of a three-part series, Jeffrey Shulman from Georgetown Law looks at how the right to parent as a matter of constitutional law is especially tenuous.

Can students be forced to use the “R” (as in “Redskin”) word?

July 2, 2014 By Jeffrey Shulman

Jeffrey Shulman from Georgetown Law says one Philadelphia-area high school’s struggle over using the word “Redskin” in a student newspaper raises some interesting constitutional issues.

Ripeness is all: When can a state’s truth-declaring function be challenged?

April 16, 2014 By Jeffrey Shulman

In this commentary, Jeffrey Shulman from Georgetown Law looks at the Susan B. Anthony List case and why the issue of standing is critical in any law that would deter free speech during an election cycle.

Court's sexual orientation change decision leads to more questions

September 3, 2013 By Jeffrey Shulman

In this commentary, Jeffrey Shulman from Georgetown Law looks at an appeals court decision that “shut the door” on sexual-orientation change therapy for minors in California—and the need for a clearer legal discussion.

Circuit court sent clear message in “Boobies” case

August 16, 2013 By Jeffrey Shulman

Jeffrey Shulman from the Georgetown University Law Center breaks down the legal reasoning in the recent “I [heart] Boobies!” case, which reaffirmed the free-speech rights of middle-school students.

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