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Text & History Blog

Writing in the New York Times, Professor Barry McDonald argues that the Supreme Court is better off with just eight Justices, even if that means that the Justices are unable to decide some of the most important cases that come before them. To justify his proposal to leave the Supreme Court...
There is no right protected by more provisions of the Constitution than the right to vote. Nonetheless, as Americans prepare to go the polls to elect a new President, the right to vote is under sustained attack. Fifteen states, including battleground states like North Carolina and Wisconsin, have...
Senator Grassley, the fact is we don’t know the full contours of Judge Garland’s view of the Constitution, because you’ve practically quit your job as Chair of the Judiciary Committee and run away from holding hearings. Public hearings are the way that Senators discover what a Supreme Court nominee...
When the Supreme Court hears oral argument in United States v. Texas, the challenge to President Obama’s executive action on immigration, later this month, one of the big issues the Court will be considering is whether the federal courts should be considering the challenge at all. If Chief Justice...

Blog Post Series

Defending the Voting Rights Act

In the wake of an election season in which the Voting Rights Act proved its mettle as the last, best hope against voter suppression efforts, the Supreme Court will be reviewing the constitutionality of a key part of this iconic civil rights statute in a case called ...

Obama Judicial Nominees in Limbo

CAC has documented the U.S. Senate’s  unprecedented obstruction of President Obama’s judicial nominees — under the direction of Senate Majority Leader Mitch McConnell (R-KY). 

CAC in Court

Constitutional Accountability Center chooses the best cases to bring our ideas about the Constitution into court and secure victories in the U.S. Supreme Court, state supreme courts, and federal courts of appeal that move the law closer to the text and history of our Constitution. 

 

Originalist Sins

Conservative Justices like Antonin Scalia and Clarence Thomas get a great deal of criticism (from the left) and praise (from the right) for being “originalists” and committing to follow the “original meaning” of the Constitution’s text.  Constitutional Accountability Center comes at this debate...

Text & History Blog

May 27, 2016

Writing in the New York Times, Professor Barry McDonald argues that the Supreme Court is better off with just eight Justices, even if that means that the Justices are unable to decide some of the most important cases that come before them. To justify his proposal to leave the Supreme Court paralyzed, McDonald claims that, at the Founding, “the judicial branch was something of an afterthought,” and “judicial review, in the modern sense, did not exist.” McDonald’s argument is dead wrong.

May 19, 2016

There is no right protected by more provisions of the Constitution than the right to vote. Nonetheless, as Americans prepare to go the polls to elect a new President, the right to vote is under sustained attack. Fifteen states, including battleground states like North Carolina and Wisconsin, have new or tougher voter identification laws in place for the first time this election.

April 20, 2016

Senator Grassley, the fact is we don’t know the full contours of Judge Garland’s view of the Constitution, because you’ve practically quit your job as Chair of the Judiciary Committee and run away from holding hearings. Public hearings are the way that Senators discover what a Supreme Court nominee is about, not by simply having oatmeal with them one morning behind closed doors.