Marriage Equality – The Supreme Court’s Peculiar Permission to Proceed

Almost everyone predicted that the Supreme Court would definitively rule on the constitutionality of marriage equality this term. Now, without explanation, that is no longer the case.

Confused joy and mixed feelings abound as the Supreme Court quietly opened the door for marriage equality’s progression through the United States.

There was almost unanimous certainty that the Supreme Court would take up one of the five cases pending before it related to marriage equality this term, which begins today and will continue until the end of June. While the typical factors that would attract that Justices’ attentions to a case – differences in opinions at the appellate/Circuit Court of Appeals level being one of the primary ones – were not present, there was an unusually high magnitude of outside forces calling on the Court to produce a definitive ruling – including over 30 states and even the plaintiffs that won the right to marriage equality at the appellate level, and almost never before seen phenomena. With all of the focus on marriage equality, it seemed to be the case that would define the Roberts Court’s 10th term.

Now, without explanation, the Supreme Court has chosen to deny certiorari in all of the pending cases – the Court will not hear any of them, and the rulings at the Circuit Court level are not the definitive law of the land.

One Step from the Start: Potential XXVIII Amendments in Congress – The Future of the Constitution, Part IV

What will become Amendment XXVIII is up for debate, but chances are that it might already exist in Congress.

In celebration of Constitution Day on September 17, 2014, we are dedicating the week to a new series, “The Future of the Constitution“. Designed to examine the Constitution and its Amendments, “The Future of the Constitution“ will examine the amendment process, analyze existing, failed, and prospective amendment, take a look at the constitutional quandary found in campaign finance reform in the post-Citizens United era, and end with a review of retired Supreme Court Justice John Paul Steven’s newest book, “Six Amendments: How and Why We Should Change the Constitution”.

In Part I of the series, we discussed how the Constitution can be amended and gave a brief overview of the Constitution’s history and contents.

In Part II, which is broken up into three sections, we outlined the Bill of Rights, the Eleventh through the Twentieth Amendments, and we will examine the 21st through the 27th Amendment shortly.

In Part III, we delved into the six prospective amendments that were adopted by Congress, but fell short of the ratification threshold in the states.

Now, in Part IV, we will examine some of the many potential amendments that still linger in Congress, but have caught the public’s attention and may start or have come close to starting the process of being adopted and ratified.

On the Brink of Success: The Six Amendments that Fell Short – The Future of the Constitution, Part III

There have been 33 amendments to the Constitution that were adopted by Congress – but only 27 were ratified. What happened to the other six?

Part III of “The Future of the Constitution” series.

In celebration of Constitution Day on September 17, 2014, we are dedicating the week to a new series, “The Future of the Constitution“. Designed to examine the Constitution and its Amendments, “The Future of the Constitution“ will examine the amendment process, analyze existing, failed, and prospective amendment, take a look at the constitutional quandary found in campaign finance reform in the post-Citizens United era, and end with a review of retired Supreme Court Justice John Paul Steven’s newest book, “Six Amendments: How and Why We Should Change the Constitution”.

In Part I of the series, we discussed how the Constitution can be amended and gave a brief overview of the Constitution’s history and contents.

In Part II, which is broken up into three sections, we outlined the Bill of Rights, the Eleventh through the Twentieth Amendments, and we will examine the 21st through the 27th Amendment shortly.

in Part III, we will see that not all amendments end their arduous journey successfully.

Once an amendment crosses the high Congressional threshold, they seem destined for ratification. Historical odds are on their side; 27 of the 33 Congressionally approved amendments were eventually ratified. Often, amendments are propelled by national movements, backlash from unpopular actions or Supreme Court cases, or some other impetus that becomes a cause célèbre in the public’s eye.

For six prospective amendments though, that final push towards ratification faltered. From the ignominious collapse of the Corwin Amendment to the damning, drawn-out defeat of the Equal Rights Amendment, these are the six amendments that could have changed the Constitution as we know it.

Amendments XI – XX – The Future of the Constitution, Part II.2

The United States Constitution has been updated eighteen times, for a total of twenty-seven amendments. No analysis of the Constitution’s future would be complete without a summary of its current amendments.

Part II of “The Future of the Constitution” series.

In celebration of Constitution Day on September 17, 2014, we are dedicating the week to a new series, “The Future of the Constitution“. Designed to examine the Constitution and its Amendments, “The Future of the Constitution“ will examine the amendment process, analyze existing, failed, and prospective amendment, take a look at the constitutional quandary found in campaign finance reform in the post-Citizens United era, and end with a review of retired Supreme Court Justice John Paul Steven’s newest book, “Six Amendments: How and Why We Should Change the Constitution”.

In Part I of the series, we discussed how the Constitution can be amended and gave a brief overview of the Constitution’s history and contents.

In the first section of Part II, we recounted the first ten amendments, also known as the Bill of Rights. This section, the second section, will outline amendments XI – XX. The third and final section will summarize amendments XXI – XXVII.

Happy Constitution Day!

Take a moment today to celebrate the supreme law of the United States, the Constitution!

Today is the annual celebration recognizing the ratification of the Constitution! Brush up on your knowledge of the Constitution, register to vote if you haven’t already, and take the time to celebrate the uniquely important place in history America’s Constitution holds!

~ John Isidore

The Bill of Rights – The Future of the Constitution, Part II.1

The United States Constitution has been updated eighteen times, for a total of twenty-seven amendments. No analysis of the Constitution’s future would be complete without a summary of its current amendments.

Part II of “The Future of the Constitution” series.

In celebration of Constitution Day on September 17, 2014, we are dedicating the week to a new series, “The Future of the Constitution“. Designed to examine the Constitution and its Amendments, “The Future of the Constitution“ will examine the amendment process, analyze existing, failed, and prospective amendment, take a look at the constitutional quandary found in campaign finance reform in the post-Citizens United era, and end with a review of retired Supreme Court Justice John Paul Steven’s newest book, “Six Amendments: How and Why We Should Change the Constitution”.

In Part I of the series, we discussed how the Constitution can be amended and gave a brief overview of the Constitution’s history and contents.

In the first section of Part II below, we will expand upon the Constitution’s amendments by giving a summary of each, analyze why the amendments were proposed and ratified, and what the amendments mean in the modern-day. In this section, we will discuss the first ten amendments, or the Bill of Rights. The second and third sections will outline amendments XI – XX and XXI – XXVII respectively.

Amendment XXVIII? The Amendment Process – The Future of the Constitution, Part I

S.J. Res. 19 brought a simmering debate back into the spotlight for a brief moment: what will be the next amendment to the Constitution?

Part I of “The Future of the Constitution” series.

In celebration of Constitution Day on September 17, 2014, we are dedicating the week to a new series, “The Future of the Constitution“. Designed to examine the Constitution and its Amendments, “The Future of the Constitution“ will examine the amendment process, analyze existing, failed, and prospective amendment, take a look at the constitutional quandary found in campaign finance reform in the post-Citizens United era, and end with a review of retired Supreme Court Justice John Paul Steven’s newest book, “Six Amendments: How and Why We Should Change the Constitution”.

S.J. Res. 19 – otherwise known as the Udall Amendment – awoke public consciousness to the notion of amending the U.S. Constitution for the 28th time. S.J. Res. 19 concerned the presence of money in politics, and sought to resolve the debate on campaign finance reform’s constitutionality in the wake of the landmark Supreme Court case, Citizens United v. Federal Election Commission.

The Campaign Finance Amendment’s death by failed cloture vote – and the future of constitutional campaign finance reform – will be analyzed in a different post. Part I, which begins below, will examine the process by which the Constitution can be amended.

Marriage Equality Under Consideration by the Supreme Court

The Supreme Court has taken its biggest step towards ruling on the constitutionality of marriage equality.

The Supreme Court has officially added five of the numerous pending cases addressing the constitutionality of prohibitions on marriages between people of the same sex to its review conference schedule. The five cases come from Utah, Oklahoma, Virginia, Indiana, and Wisonsin.

The five cases all involve different factors, but bans on same-sex marriage are integral to each case. All five prohibitions on marriage equality now before the Supreme Court were overturned at the by federal courts or at the appellate level.

The Supreme Court will meet on September 29th in one of their private conferences to determine whether or not to hear any or all of the cases. If four of the nine Justices decide that they want to hear the cases, then they will be added to their 2014-2015 docket.

While a ruling on marriage equality was expected some time during the upcoming Supreme Court term, the Court’s decision to add the cases to their conference marks the first official step towards a final resolution of the marriage equality debate.

~ John Isidore