Failing Constitution 101, Making Stalin Proud: Chris Christie on the 4th Amendment

The dust-up between New Jersey Gov. Chris Christie and Kentucky Sen. Rand Paul over presidential fidelity to the Constitution — particularly the Fourth Amendment — was the most illuminating two minutes of the Republican debate last week.

It is a well-regarded historical truism that the Fourth Amendment was written by victims of government snooping, the 1770s version. The Framers wrote it to assure that the new federal government could never do to Americans what the king had done to the colonists.


Julian Ku on the Constitution and the Iran Deal

At Opinio Juris, Julian Ku defends the constitutionality of the Iran deal (expanding on his discussion in this podcast from the National Constitution Center [also featuring David Rivkin]). He makes two arguments: First, the terms of the agreement, which describe its obligations as “voluntary”, indicate that it is a nonbinding “political commitment”.  Even the UN Security…


Two Reasons the Iran Deal Is Unconstitutional

In sum, the Iran deal is unconstitutional (a) because the President has not taken sufficient action to assure that it is nonbinding under international law, and (b) even if it is nonbinding under international law, it should be only a commitment of the current President and should not purport to be an undertaking of future Presidents for whom the current President cannot speak.