Below is a round-up of the latest from the Battle for the Constitution: a special project on the constitutional debates in American life, in partnership with The Atlantic.
The Right Way to Activate the National Guard
By Craig R. McKinley, Former Chief, National Guard Bureau and James Winnefeld, Former Vice Chairman, Joint Chiefs of Staff
Craig R. McKinley and James Winnefeld argue that the best way to activate the National Guard is with a dual-status commander in each state who reports to both the secretary of defense (thereby centralizing operations), while also reporting to the governor so the people most familiar with local needs can assist in the response.
America’s Weak Property Rights Are Harming Those Most in Need
By Ilya Somin, Professor of Law, George Mason University Antonin Scalia School of Law
Ilya Somin contends that the Supreme Court’s expansive interpretation of the Fifth Amendment’s Takings Clause—which states that “private property [shall not] be taken for public use, without just compensation”—has weakened property rights and hurt poor people and minorities most.
Red and Blue America Agree That Now Is the Time to Violate the Constitution
By Adam Chilton, Professor of Law and Walter Mander Research Scholar, University of Chicago Law School; Kevin Cope, Associate Professor of Law, University of Virginia School of Law; Charles Crabtree, Assistant Professor, Dartmouth College; Mila Versteeg, Martha Lubin Karsh and Bruce A. Karsh Bicentennial Professor of Law and Director of the Human Rights Program, University of Virginia School of Law
Adam Chilton, Kevin Cope, Charles Crabtree, and Mila Versteeg discuss a recent national survey they conducted that found wide bipartisan approval for taking potentially unconstitutional measures to fight the novel coronavirus—and say that we cannot allow constitutional transgression to become the new normal.
By Ken Harbaugh, Former United States Navy Pilot
Ken Harbaugh explains why the 2020 general election will not be postponed, but says its integrity and operation can still be threatened—and that to solidify it we should expand early voting, allow nationwide “no excuse” absentee ballots, and fight voter intimidation.
