Thurgood Marshall’s punishment was to read the US Constitution

Thurgood Marshall was a mischevious student, he was suspended twice and didn’t take school seriously.  As punishment, the principal made him sit in the basement and read the US Constitution.  While reading if he realized that Black people were not granted the same rights as white people.  He decided to do something about it and went on to be the first Black Associate Justice of the Supreme Court.

Israel’s Jewish Nation-State Law

In 2018, the Israeli parliament approved the Jewish Nation-State Basic Law that enshrines Jewish supremacy over Palestinian citizens. The law has distinct apartheid characteristics and requires racist acts as a constitutional value.

The Israeli Knesset voted on 19 July 2018 by a margin of 62 to 55 to approve the Jewish Nation-State Basic Law, constitutionally enshrining Jewish supremacy and the identity of the State of Israel as the nation-state of the Jewish people.

 

This law – which has distinct apartheid characteristics – guarantees the ethnic-religious character of Israel as exclusively Jewish and entrenches the privileges enjoyed by Jewish citizens, while simultaneously anchoring discrimination against Palestinian citizens and legitimizing exclusion, racism, and systemic inequality.

Despite the foundational nature and far-reaching scope of the Jewish Nation-State Law, however, it contains no commitment to democratic norms, or a guarantee of the right to equality, or a prohibition of discrimination on the basis of race, nationality, ethnicity or any other category for all people living under Israeli sovereignty.

 

This law denies the collective rights of Palestinian citizens of Israel, who comprise 1.5 million people or 20 percent of the population Israel and constitute a homeland minority group under international human rights law.

Click below to read the full text of Israel’s Jewish Nation-State Law

Click below to read Adalah’s short summary of the law

‘David French–ism’ without David French

French has been unfairly caricatured — but the caricature is worth defending.

Near as I can tell, the David French controversy revolves around allegations that the man is too much of an accommodating pragmatist on social issues. The charge is amusing to me, given that one of my defining experiences here at NR occurred when French denounced a column I wrote last year about the need for conservatives to pragmatically accommodate transgender Americans.

No, Trump Cannot Declare an ‘Emergency’ to Build His Wall

If he did, and used soldiers to build it, they would all be committing a federal crime.

President Trump on Friday said that he was considering the declaration of a “national emergency” along the border with Mexico, which he apparently believes would allow him to divert funds from the military budget to pay for a wall, and to use military personnel to build it.

While it is hard to know exactly what the president has in mind, or whether he has any conception about what it would entail, one thing is clear: Not only would such an action be illegal, but if members of the armed forces obeyed his command, they would be committing a federal crime.

Begin with the basics. From the founding onward, the American constitutional tradition has profoundly opposed the president’s use of the military to enforce domestic law. A key provision, rooted in an 1878 statute and added to the law in 1956, declares that whoever “willfully uses any part of the Army or the Air Force” to execute a law domestically “shall be fined under this title or imprisoned not more than two years” — except when “expressly authorized by the Constitution or Act of Congress.”

Another provision, grounded in a statute from 1807 and added to the law in 1981, requires the secretary of defense to “ensure that any activity (including the provision of any equipment or facility or the assignment or detail of any personnel)” must “not include or permit direct participation by a member of the Army, Navy, Air Force, or Marine Corps in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law.”

In response to the Hurricane Katrina disaster in New Orleans, Congress created an express exception to the rules, and authorized the military to play a backup role in “major public emergencies.” But in 2008 Congress and President Bush repealed this sweeping exception. Is President Trump aware of this express repudiation of the power which he is threatening to invoke?

The statute books do contain a series of carefully crafted exceptions to the general rule. Most relevantly, Congress has granted the Coast Guard broad powers to enforce the law within the domestic waters of the United States. But there is no similar provision granting the other military services a comparable power to “search, seize and arrest” along the Mexican border. Given Congress’s decision of 2008, this silence speaks louder than words. Similarly, the current military appropriations bill fails to exempt military professionals from criminal punishment for violating the law in their use of available funds.

It is, I suppose, possible to imagine a situation in which the president might take advantage of the most recent exception, enacted in 2011, which authorized the military detention of suspected terrorists associated with Al Qaeda or the Taliban. But despite President Trump’s unsupported claims about “terrorists” trying to cross the border, it is an unconscionable stretch to use this proviso to support using the military for operations against the desperate refugees from Central America seeking asylum in our country.

It is even less plausible for the president to suspend these restrictions under the National Emergencies Act of 1976. From the Great Depression through the Cold War, presidents systematically abused emergency powers granted them by Congress in some 470 statutes, culminating in the Watergate fiasco. In response, the first section of the 1976 act terminated all existing emergencies and created a framework of checks and balances on the president’s arbitrary will.

If President Trump declared an emergency, Section Five of the act gives the House of Representatives the right to repudiate it immediately, then pass their resolution to the Senate — which is explicitly required to conduct a floor vote within 15 days. Since President Trump’s “emergency” declaration would be a direct response to his failure to convince Congress that national security requires his wall, it is hard to believe that a majority of the Senate, if forced to vote, would accept his show of contempt for their authority.

The Supreme Court’s 1953 decision in Youngstown v. Sawyer would be critical in Congressional consideration of such a decision. In a canonical opinion by Justice Robert Jackson, the court invalidated President Truman’s attempt in 1952 to use his powers as commander in chief to nationalize steel mills in the face of labor strikes. The decision imposed fundamental constitutional limits on the president’s power to claim that a national emergency — in this case, the Korean War — allowed him to override express provisions preventing him from using those powers domestically.

Sex, Ducks, and The Founding Feud

Jilted lovers and disrupted duck hunts provide a very odd look into the soul of the US Constitution.

What does a jilted lover’s revenge have to do with an international chemical weapons treaty? More than you’d think. From poison and duck hunts to our feuding fathers, we step into a very odd tug of war between local and federal law.

When Carol Anne Bond found out her husband had impregnated her best friend, she took revenge. Carol’s particular flavor of revenge led to a US Supreme Court case that puts into question a part of the US treaty power.

Producer Kelsey Padgett drags Jad and Robert into Carol’s poisonous web, which starts them on a journey from the birth of the US Constitution, to a duck hunt in 1918, and back to the present day … it’s all about an ongoing argument that might actually be the very heart and soul of our system of government