Constitution Project
Encyclopedia
The Constitution Project is an non-profit think tank
in the United States
that builds bipartisan consensus on significant constitutional
and legal questions. Founded and led by Virginia Sloan, the Constitution Project’s work is divided between two programs: the Rule of Law Program and the Criminal Justice Program. Each program houses bipartisan committees focused on specific constitutional issues.
and to constitutional liberties
that have resulted from the assertions of expansive presidential authority
in the aftermath of the attacks of September 11, 2001
, Congress
’s simultaneous failure to exercise its duties as a separate and independent branch of government, and efforts by both Congress and the President to strip the courts of their jurisdiction to oversee the actions of the executive
and legislative
branches.
, professor of law at Georgetown University Law Center
, and David Keene
, chairman of the American Conservative Union
. The Committee is convened to address the “variety of important questions about how to enhance our security while simultaneously protecting our civil liberties.” Members of the Committee have also authored columns for major newspapers on watch lists, the state secrets privilege, habeas corpus, and public video surveillance.
The Creation of the United States Northern Command
- An Interim Report : The report “analyzes the President’s authority to create a broad domestic military authority and calls for a continued emphasis on legal limits as United States Northern Command’s mission is further defined.”
Report on First Amendment Issues : The report “emphasizes the fundamental need for openness and accountability in government as a mean both to protect Americans' civil liberties and to better combat the threat posed by terrorism.”
Report on Post-9/11 Detentions : The report “outlines basic principles regarding the legal basis for detentions and the legal rights of detainees and serves as an overview of the relevant issues and sets out the conclusions of the Initiative on those issues.”
Enemy Combatants
- The Constitution and the Administration’s War on Terror : The report “challenges the military seizures and incommunicado detentions executed in conjunction with the ‘enemy combatant’ designation as unconstitutional, and concludes by calling for both Congress and the Courts to exercise their constitutional obligation to check the executive branch, working towards a reversal of the current course in favor of one that recognizes the importance of constitutional and international legal norms.”
Call for a Commission to Investigate Prisoner Abuse : The statement “seeks a bipartisan, independent commission, modeled after the 9/11 Commission, to investigate allegations of abuse in Iraq, Guantanamo, and elsewhere, and makes recommendations to guide U.S. officials in the future.”
Statement on the NSA Domestic Spying Program
: The statement “addresses the legal bounds overstepped by the President’s wiretapping program and emphasizes the need for checks and balances in our nation's government.”
Guidelines for Public Video Surveillance - A Guide to Protecting Communities and Preserving Civil Liberties and Model Video Surveillance Legislation : The report “provides practical assistance to state and local governments that have established – or are seeking to install – video surveillance systems. It demonstrates how communities can set up systems that enhance security, while safeguarding residents’ civil liberties. The model legislation provides legislative language to enable state and local government officials to adopt these recommendations with ease.”
Statement to Restore Habeas Corpus
Rights Eliminated Under the Military Commissions Act
: The statement “calls on Congress to restore habeas corpus rights eliminated with the enactment of the Military Commissions Act to non-citizens designated as ‘enemy combatants.’”
Promoting Accuracy and Fairness in the Use of Government Watch Lists
: The report “issues a strong bipartisan call for protecting individual rights when the government uses terrorist watch lists.”
Reforming the State Secrets Privilege
: The report “criticizes the Administration's disturbingly frequent invocation of the ‘state secrets privilege,’ while emphasizing the importance of independent judicial review as a check on executive power.” On July 15, 2007, The Washington Post
urged Congress to consider implementing the recommendations in an editorial.
Statement on the National Security Agency’s Domestic Surveillance Program
: The statement asserts that the spying program “upends separate, balanced powers by thwarting the will of Congress and preventing any opportunity for judicial review.”
Statement on the Protect America Act of 2007 : The statement “advises Congress that many of the amendments to the Foreign Intelligence Surveillance Act contained in the Protect America Act are unnecessarily overbroad, undermine our constitutional system of checks and balances, and fail to sufficiently protect the privacy of the communications of Americans.”
, US Court of Appeals for the Second Circuit
: The Constitution Project, with the Cato Institute
, the Center for National Security Studies, the Lawyers Committee for Human Rights
, People for the American Way
, and the Rutherford Institute
, filed an amicus brief in support of José Padilla.
Padilla v. Rumsfeld
, Supreme Court of the United States
: The Constitution Project, with the Cato Institute
, the Center for National Security Studies, the Lawyers Committee for Human Rights
, People for the American Way
, and the Rutherford Institute
, filed an amicus brief in support of José Padilla.
Padilla v. Hanft, US Court of Appeals for the Fourth Circuit
: The Constitution Project, with the Center for National Security Studies, filed an amicus brief in support of José Padilla.
Hamdan v. Rumsfeld
, Supreme Court of the United States
: The Constitution Project filed an amicus brief in support of Salim Ahmed Hamdan
.
ACLU v. NSA
, US Court of Appeals for the Sixth Circuit
: The Constitution Project, with the Center for National Security Studies, filed an amicus brief in support of the ACLU.
Rahmani v. United States, Supreme Court of the United States
: The Constitution Project filed an amicus brief urging the Court to grant certiorari
to Roya Rahmani.
NIMJ v. Department of Defense
, US Court of Appeals for the DC Circuit
: The Constitution Project filed an amicus brief in support of the National Institute for Military Justice.
El-Masri v. United States : The Constitution Project filed an amicus brief urging the Court to grant certiorari
to Khaled El-Masri.The Constitution Project – Liberty and Security Committee - News
protections to those accused of crimes.
, and Beth Wilkinson
, a prosecutor in the Oklahoma City bombing
case. The Death Penalty Committee is a bipartisan committee of death penalty supporters and opponents who all agree that the risk of wrongful executions in this country has become too high. It was formerly known as the National Committee to Prevent Wrongful Executions.
Mandatory Justice – The Death Penalty Revisited : An update to the Committee’s first publication on the topic, the report notes “some improvements in recent years and identifies further steps that must still be taken in order to minimize mistakes and increase fairness and accuracy.”
Committee is co-chaired by Walter Mondale
(honorary), former Vice-President of the United States, William S. Sessions
(honorary), a partner at Holland & Knight LLP
, former Director of the FBI, and former Chief Judge of the United States District Court for the Western District of Texas
, Rhoda Billings
, former Chief Justice of the North Carolina Supreme Court
, Robert Johnson, District Attorney
for Anoka County, Minnesota
, and former President of the National District Attorneys Association, and Timothy K. Lewis
, counsel at Schnader Harrison Segal & Lewis LLP and former Judge of the U.S. Court of Appeals for the Third Circuit.
On November 7, 2007, the Constitution Project sponsored a conference on "Strickland v. Washington: How Effective is the Right the Effective Assistance of Counsel Standard?," featuring Justice Sandra Day O'Connor
as the keynote speaker.
, a former Member of Congress
(R-OK) and Director of the Rodel Fellowship in Public Leadership Program at the Aspen Institute
, and Abner J. Mikva
, former Member of Congress (D-IL) and Chief Judge, US Court of Appeals for the DC Circuit
. The Committee was a bipartisan project that urged restraint in the constitutional amendment process. It was formerly known as Citizens for the Constitution, and the majority of its work preceded the formal organization of the Constitution Project.
, a former Member of Congress
(R-OK) and Director of the Rodel Fellowship in Public Leadership Program at the Aspen Institute
, and William S. Sessions
, a partner at Holland & Knight LLP
, former Director of the FBI, and former Chief Judge of the United States District Court for the Western District of Texas
. The Committee conducted public education and advocacy on the importance of our courts as protectors of Americans’ essential constitutional freedoms, while working to ensure that our judicial system is accountable through appropriate and established means.
The Higher Ground – Standards of Conduct for Judicial Candidates : The pamphlet stresses that “judges should be impartial, fair, and knowledgeable in order to fill their role as a cornerstone of democracy.”
Independent Courts Toolbox : The publication was designed “for activist organizations and individuals working locally to defend the independence of the judiciary.”
Justice Held Hostage – Politics and Selecting Federal Judges : The report “examines the increasing length of time taken to fill a federal bench since the Carter Administration, arguing that this delay threatens the framework of the judicial system as it slows the process of delivering justice in the United States.”
Ten Principles for Preserving Courts’ Role in American Democracy : The statement “recommends that legislative and executive branch officials work to preserve courts’ ability to decide cases impartially and to ensure meaningful access to the courts for all individuals.”
Newsroom Guide to Judicial Independence : The report “provides a variety of material designed to assist in thoughtful – and expedited – reporting: historical information on judicial independence, related court cases, quotes from lawmakers, a glossary of terms, a chart detailing judicial selection methods in each state and territory, and leads to organizations and people who are valuable resources for reporters.”
The Cost of Justice – Budgetary Threats to America’s Courts Today : The report investigates “funding shortages have forced states to close courthouse doors, reduce the number of judges and court staff and decrease the number and quality of services for those with special needs, including foreign-language and sign-language interpreters, and calls on legislatures to take whatever steps are needed to ensure that courts have appropriate levels of funding so that they can fulfill their constitutional obligations and ensure that all individuals have meaningful access to justice.”
: The Constitution Project filed amicus brief in support of the Commission.
sentencing systems that both protect public safety and respect the constitutional rights of defendants. The Committee is co-chaired by Philip Heymann (Deputy Attorney General
during the Clinton administration
and James Barr Ames Professor of Law at Harvard Law School
) and Edwin Meese
(United States Attorney General
during Reagan administration and a distinguished fellow at the Heritage Foundation
).
Recommendations for Federal Criminal Sentencing in a Post-Booker World : The report addresses “the considerable constitutional uncertainty in the wake of the Blakely v. Washington and United States v. Booker Supreme Court decisions. Working from their conclusion that the Booker decision, while adding some measure of flexibility, fails to solve the considerable problems associated with sentencing guidelines.”
, former Member of Congress (R-OK) and Director of the Rodel Fellowship in Public Leadership Program at the Aspen Institute
, and David Skaggs
, former Member of Congress (D-CO). The Committee was assembled to provide guidance on how the U.S. should constitutionally and prudently make the decision to introduce America's armed forces into hostilities.
Past winners of the Constitutional Commentary Award include:
2007: Boston Globe reporter Charlie Savage
for his book, Takeover: The Return of the Imperial Presidency & the Subversion of American Democracy
2008: New York Times reporter Linda Greenhouse
for her body of work covering the U.S. Supreme Court
. The Board is currently chaired by Stephen F. Hanlon, a partner and director of the Community Services Team at the law firm of Holland & Knight LLP
. Other members of the Board include:
Mickey Edwards
: Former Member of Congress
(R-OK) and Director of the Rodel Fellowship in Public Leadership Program at the Aspen Institute
Dr. Morton H. Halperin
: Director of US Advocacy at the Open Society Institute
– DC
Paul Saunders : Partner at the law firm of Cravath, Swaine & Moore LLP
Virginia Sloan : President of the Constitution Project
Think tank
A think tank is an organization that conducts research and engages in advocacy in areas such as social policy, political strategy, economics, military, and technology issues. Most think tanks are non-profit organizations, which some countries such as the United States and Canada provide with tax...
in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
that builds bipartisan consensus on significant constitutional
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
and legal questions. Founded and led by Virginia Sloan, the Constitution Project’s work is divided between two programs: the Rule of Law Program and the Criminal Justice Program. Each program houses bipartisan committees focused on specific constitutional issues.
Rule of Law Program
The Rule of Law Program addresses perceived threats to the rule of lawRule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
and to constitutional liberties
Civil liberties
Civil liberties are rights and freedoms that provide an individual specific rights such as the freedom from slavery and forced labour, freedom from torture and death, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to own and bear arms, the right...
that have resulted from the assertions of expansive presidential authority
Unitary executive theory
The unitary executive theory is a theory of American constitutional law holding that the President controls the entire executive branch. The doctrine is based upon Article Two of the United States Constitution, which vests "the executive power" of the United States in the President.Although that...
in the aftermath of the attacks of September 11, 2001
September 11, 2001 attacks
The September 11 attacks The September 11 attacks The September 11 attacks (also referred to as September 11, September 11th or 9/119/11 is pronounced "nine eleven". The slash is not part of the pronunciation...
, Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
’s simultaneous failure to exercise its duties as a separate and independent branch of government, and efforts by both Congress and the President to strip the courts of their jurisdiction to oversee the actions of the executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
and legislative
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
branches.
Liberty and Security Committee
The Liberty and Security Committee of the Rule of Law Program is co-chaired by David D. ColeDavid D. Cole
David D. Cole is an American law professor at the Georgetown University Law Center. He has published in various legal fields including civil rights, criminal justice, constitutional law and law and literature...
, professor of law at Georgetown University Law Center
Georgetown University Law Center
Georgetown University Law Center is the law school of Georgetown University, located in Washington, D.C.. Established in 1870, the Law Center offers J.D., LL.M., and S.J.D. degrees in law...
, and David Keene
David Keene
David A. Keene , President of the National Rifle Association as of May 2, 2011, was the chairman of the American Conservative Union, from 1984 to 2011. Additionally, he is the managing associate at the Carmen Group Lobbying, a lobbying firm based in Washington, D.C...
, chairman of the American Conservative Union
American Conservative Union
The American Conservative Union is an American political organization advocating conservative policies, and is the oldest such conservative lobbying organization in the country.-Organization:...
. The Committee is convened to address the “variety of important questions about how to enhance our security while simultaneously protecting our civil liberties.” Members of the Committee have also authored columns for major newspapers on watch lists, the state secrets privilege, habeas corpus, and public video surveillance.
Reports and Statements
Recommendations for the Use of Military Commissions : The central recommendation of the report is that “the jurisdiction of the military tribunals be limited to trials of combatants captured overseas on the battlefield in order to maintain the bright line between cases that can be heard by tribunals and those remaining in the civilian court system that is a hallmark of our democracy.”The Creation of the United States Northern Command
United States Northern Command
United States Northern Command is a Unified Combatant Command of the United States military. Created on 1 October 2002 in the aftermath of the 11 September 2001 attacks, its mission is to protect the United States homeland and support local, state, and federal authorities...
- An Interim Report : The report “analyzes the President’s authority to create a broad domestic military authority and calls for a continued emphasis on legal limits as United States Northern Command’s mission is further defined.”
Report on First Amendment Issues : The report “emphasizes the fundamental need for openness and accountability in government as a mean both to protect Americans' civil liberties and to better combat the threat posed by terrorism.”
Report on Post-9/11 Detentions : The report “outlines basic principles regarding the legal basis for detentions and the legal rights of detainees and serves as an overview of the relevant issues and sets out the conclusions of the Initiative on those issues.”
Enemy Combatants
Enemy combatant
Enemy combatant is a term historically referring to members of the armed forces of the state with which another state is at war. Prior to 2008, the definition was: "Any person in an armed conflict who could be properly detained under the laws and customs of war." In the case of a civil war or an...
- The Constitution and the Administration’s War on Terror : The report “challenges the military seizures and incommunicado detentions executed in conjunction with the ‘enemy combatant’ designation as unconstitutional, and concludes by calling for both Congress and the Courts to exercise their constitutional obligation to check the executive branch, working towards a reversal of the current course in favor of one that recognizes the importance of constitutional and international legal norms.”
Call for a Commission to Investigate Prisoner Abuse : The statement “seeks a bipartisan, independent commission, modeled after the 9/11 Commission, to investigate allegations of abuse in Iraq, Guantanamo, and elsewhere, and makes recommendations to guide U.S. officials in the future.”
Statement on the NSA Domestic Spying Program
NSA warrantless surveillance controversy
The NSA warrantless surveillance controversy concerns surveillance of persons within the United States during the collection of foreign intelligence by the U.S. National Security Agency as part of the war on terror...
: The statement “addresses the legal bounds overstepped by the President’s wiretapping program and emphasizes the need for checks and balances in our nation's government.”
Guidelines for Public Video Surveillance - A Guide to Protecting Communities and Preserving Civil Liberties and Model Video Surveillance Legislation : The report “provides practical assistance to state and local governments that have established – or are seeking to install – video surveillance systems. It demonstrates how communities can set up systems that enhance security, while safeguarding residents’ civil liberties. The model legislation provides legislative language to enable state and local government officials to adopt these recommendations with ease.”
Statement to Restore Habeas Corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
Rights Eliminated Under the Military Commissions Act
Military Commissions Act of 2006
The United States Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. Drafted in the wake of the Supreme Court's decision on Hamdan v...
: The statement “calls on Congress to restore habeas corpus rights eliminated with the enactment of the Military Commissions Act to non-citizens designated as ‘enemy combatants.’”
Promoting Accuracy and Fairness in the Use of Government Watch Lists
No Fly List
The No Fly List is a list, created and maintained by the United States government's Terrorist Screening Center , of people who are not permitted to board a commercial aircraft for travel in or out of the United States. The list has also been used to divert away from U.S. airspace aircraft not...
: The report “issues a strong bipartisan call for protecting individual rights when the government uses terrorist watch lists.”
Reforming the State Secrets Privilege
State Secrets Privilege
The state secrets privilege is an evidentiary rule created by United States legal precedent. Application of the privilege results in exclusion of evidence from a legal case based solely on affidavits submitted by the government stating that court proceedings might disclose sensitive information...
: The report “criticizes the Administration's disturbingly frequent invocation of the ‘state secrets privilege,’ while emphasizing the importance of independent judicial review as a check on executive power.” On July 15, 2007, The Washington Post
The Washington Post
The Washington Post is Washington, D.C.'s largest newspaper and its oldest still-existing paper, founded in 1877. Located in the capital of the United States, The Post has a particular emphasis on national politics. D.C., Maryland, and Virginia editions are printed for daily circulation...
urged Congress to consider implementing the recommendations in an editorial.
Statement on the National Security Agency’s Domestic Surveillance Program
NSA warrantless surveillance controversy
The NSA warrantless surveillance controversy concerns surveillance of persons within the United States during the collection of foreign intelligence by the U.S. National Security Agency as part of the war on terror...
: The statement asserts that the spying program “upends separate, balanced powers by thwarting the will of Congress and preventing any opportunity for judicial review.”
Statement on the Protect America Act of 2007 : The statement “advises Congress that many of the amendments to the Foreign Intelligence Surveillance Act contained in the Protect America Act are unnecessarily overbroad, undermine our constitutional system of checks and balances, and fail to sufficiently protect the privacy of the communications of Americans.”
Legal Briefs
Padilla v. RumsfeldRumsfeld v. Padilla
Rumsfeld v. Padilla, , was a United States Supreme Court case, in which José Padilla sought habeas corpus relief against Secretary of Defense Donald Rumsfeld, as a result of his detainment as an "unlawful combatant."...
, US Court of Appeals for the Second Circuit
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
: The Constitution Project, with the Cato Institute
Cato Institute
The Cato Institute is a libertarian think tank headquartered in Washington, D.C. It was founded in 1977 by Edward H. Crane, who remains president and CEO, and Charles Koch, chairman of the board and chief executive officer of the conglomerate Koch Industries, Inc., the largest privately held...
, the Center for National Security Studies, the Lawyers Committee for Human Rights
Human Rights First
Human Rights First is a nonprofit, nonpartisan human rights organization based in New York City and Washington, D.C....
, People for the American Way
People For the American Way
People For the American Way is a progressive advocacy group in the United States. Under U.S. tax code, People For the American Way is organized as a tax-exempt 501 non-profit organization.-Purpose:...
, and the Rutherford Institute
Rutherford Institute
The Rutherford Institute is a non-profit group based in Charlottesville, Virginia dedicated to the defense of civil liberties, human rights, and religious liberty. It was founded in 1982 by John W. Whitehead...
, filed an amicus brief in support of José Padilla.
Padilla v. Rumsfeld
Rumsfeld v. Padilla
Rumsfeld v. Padilla, , was a United States Supreme Court case, in which José Padilla sought habeas corpus relief against Secretary of Defense Donald Rumsfeld, as a result of his detainment as an "unlawful combatant."...
, Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
: The Constitution Project, with the Cato Institute
Cato Institute
The Cato Institute is a libertarian think tank headquartered in Washington, D.C. It was founded in 1977 by Edward H. Crane, who remains president and CEO, and Charles Koch, chairman of the board and chief executive officer of the conglomerate Koch Industries, Inc., the largest privately held...
, the Center for National Security Studies, the Lawyers Committee for Human Rights
Human Rights First
Human Rights First is a nonprofit, nonpartisan human rights organization based in New York City and Washington, D.C....
, People for the American Way
People For the American Way
People For the American Way is a progressive advocacy group in the United States. Under U.S. tax code, People For the American Way is organized as a tax-exempt 501 non-profit organization.-Purpose:...
, and the Rutherford Institute
Rutherford Institute
The Rutherford Institute is a non-profit group based in Charlottesville, Virginia dedicated to the defense of civil liberties, human rights, and religious liberty. It was founded in 1982 by John W. Whitehead...
, filed an amicus brief in support of José Padilla.
Padilla v. Hanft, US Court of Appeals for the Fourth Circuit
United States Court of Appeals for the Fourth Circuit
The United States Court of Appeals for the Fourth Circuit is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts:*District of Maryland*Eastern District of North Carolina...
: The Constitution Project, with the Center for National Security Studies, filed an amicus brief in support of José Padilla.
Hamdan v. Rumsfeld
Hamdan v. Rumsfeld
Hamdan v. Rumsfeld, 548 U.S. 557 , is a case in which the Supreme Court of the United States held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay lack "the power to proceed because its structures and procedures violate both the Uniform Code of Military...
, Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
: The Constitution Project filed an amicus brief in support of Salim Ahmed Hamdan
Salim Ahmed Hamdan
Salim Ahmed Hamdan is a Yemeni man, captured during the invasion of Afghanistan, and imprisoned at Guantanamo Bay. He admits to being Osama bin Laden's personal driver claiming he needed the $200 monthly salary that came with the job....
.
ACLU v. NSA
ACLU v. NSA
American Civil Liberties Union et al., v. National Security Agency / Central et al., 493 F.3d 644 , is a case decided July 6, 2007, in which the United States Court of Appeals for the Sixth Circuit held that the plaintiffs in the case did not have standing to bring the suit against the NSA, because...
, US Court of Appeals for the Sixth Circuit
United States Court of Appeals for the Sixth Circuit
The United States Court of Appeals for the Sixth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Kentucky* Western District of Kentucky...
: The Constitution Project, with the Center for National Security Studies, filed an amicus brief in support of the ACLU.
Rahmani v. United States, Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
: The Constitution Project filed an amicus brief urging the Court to grant certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
to Roya Rahmani.
NIMJ v. Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
, US Court of Appeals for the DC Circuit
United States Court of Appeals for the District of Columbia Circuit
The United States Court of Appeals for the District of Columbia Circuit known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a...
: The Constitution Project filed an amicus brief in support of the National Institute for Military Justice.
El-Masri v. United States : The Constitution Project filed an amicus brief urging the Court to grant certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
to Khaled El-Masri.
Coalition to Defend Checks and Balances
The Coalition to Defend Checks and Balances is convened to address “the risk of permanent and unchecked presidential power, and the accompanying failure of Congress to exercise its responsibility as a separate and independent branch of government. In addition to publishing its own statements and reports, the Coalition also joins statements and reports issued by other committees.Reports and Statements
Statement on Presidential Signing Statements : The statement “condemns certain uses of presidential signing statements and calls for immediate action from both the Executive and Legislative branches of the federal government to respond to a ‘constitutional crisis’ that is endangering our system of checks and balances.”Criminal Justice Program
The Criminal Justice Program seeks to counter a broad-based effort to deny fundamental day-in-court rights and due processDue process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
protections to those accused of crimes.
Death Penalty Committee
The Death Penalty Committee of the Criminal Justice Program is co-chaired by Gerald Kogan, former Chief Justice of the Florida Supreme CourtFlorida Supreme Court
The Supreme Court of the State of Florida is the highest court in the U.S. state of Florida. The Supreme Court consists of seven judges: the Chief Justice and six Justices who are appointed by the Governor to 6-year terms and remain in office if retained in a general election near the end of each...
, and Beth Wilkinson
Beth Wilkinson
Beth A. Wilkinson is a prominent Washington, D.C. lawyer, and partner in the New York City-based law firm Paul, Weiss, Rifkind, Wharton & Garrison. She works in the firm's Washington, D.C. office focusing on white collar criminal defense....
, a prosecutor in the Oklahoma City bombing
Oklahoma City bombing
The Oklahoma City bombing was a terrorist bomb attack on the Alfred P. Murrah Federal Building in downtown Oklahoma City on April 19, 1995. It was the most destructive act of terrorism on American soil until the September 11, 2001 attacks. The Oklahoma blast claimed 168 lives, including 19...
case. The Death Penalty Committee is a bipartisan committee of death penalty supporters and opponents who all agree that the risk of wrongful executions in this country has become too high. It was formerly known as the National Committee to Prevent Wrongful Executions.
Reports and Statements
Mandatory Justice – Eighteen Reforms to the Death Penalty : The report “expresses the Committee’s deep concerns with regard to the implementation of the death penalty in the United States, and calls for crucial reforms, including in the areas of effective counsel, racial fairness, and proportionality.”Mandatory Justice – The Death Penalty Revisited : An update to the Committee’s first publication on the topic, the report notes “some improvements in recent years and identifies further steps that must still be taken in order to minimize mistakes and increase fairness and accuracy.”
Right to Counsel Committee
The Right to CounselRight to counsel
Right to counsel is currently generally regarded as a constituent of the right to a fair trial, allowing for the defendant to be assisted by counsel , and if he cannot afford his own lawyer, requiring that the government should appoint one for him/her, or pay his/her legal expenses...
Committee is co-chaired by Walter Mondale
Walter Mondale
Walter Frederick "Fritz" Mondale is an American Democratic Party politician, who served as the 42nd Vice President of the United States , under President Jimmy Carter, and as a United States Senator for Minnesota...
(honorary), former Vice-President of the United States, William S. Sessions
William S. Sessions
William Steele Sessions is a civil servant who served as a judge and 4th Director of the Federal Bureau of Investigation...
(honorary), a partner at Holland & Knight LLP
Holland & Knight
Holland & Knight is an international law firm with more than 1,000 lawyers in 17 U.S. offices. Other offices around the world are located in Abu Dhabi, UAE, Beijing, China, and Mexico City, Mexico. Holland & Knight provides representation in litigation, business, real estate and governmental law.-...
, former Director of the FBI, and former Chief Judge of the United States District Court for the Western District of Texas
United States District Court for the Western District of Texas
The United States District Court For the Western District Of Texas is a Federal district court. The court convenes in San Antonio with divisions in Austin, Del Rio, El Paso, Midland, Pecos, and Waco. It has jurisdiction in over 50 Trans-Pecos, Permian Basin and Hill Country counties of the U.S....
, Rhoda Billings
Rhoda Billings
Rhoda Bryan Billings is an American lawyer and a former justice of the North Carolina Supreme Court.Billings earned her law degree from Wake Forest University School of Law in 1966. She served four years as a state District Court judge . Governor James G...
, former Chief Justice of the North Carolina Supreme Court
North Carolina Supreme Court
The Supreme Court of North Carolina is the state's highest appellate court. Until the creation of the North Carolina Court of Appeals in the 1960s, it was the state's only appellate court. The Supreme Court consists of six associate justices and one chief justice, although the number of justices...
, Robert Johnson, District Attorney
District attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
for Anoka County, Minnesota
Minnesota
Minnesota is a U.S. state located in the Midwestern United States. The twelfth largest state of the U.S., it is the twenty-first most populous, with 5.3 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the thirty-second state...
, and former President of the National District Attorneys Association, and Timothy K. Lewis
Timothy K. Lewis
Timothy K. Lewis , is a former federal judge on the United States Court of Appeals for the Third Circuit and is currently an attorney at the law firm of Schnader, Harrison, Segal & Lewis LLP, where he serves as the co-chair of the firm's appellate practice. He also he also serves as a mediator,...
, counsel at Schnader Harrison Segal & Lewis LLP and former Judge of the U.S. Court of Appeals for the Third Circuit.
On November 7, 2007, the Constitution Project sponsored a conference on "Strickland v. Washington: How Effective is the Right the Effective Assistance of Counsel Standard?," featuring Justice Sandra Day O'Connor
Sandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
as the keynote speaker.
Guantanamo Task Force
In the fall of 2010, the Constitution Project initiated an eleven person Guantanamo Task Force.Members
| name | notes |
|---|---|
| Eleanor J. Hill Eleanor J. Hill Eleanor Jean Hill served as Inspector General for the United States Department of Defense under President Bill Clinton. Hill was the head of the Office of the Inspector General of the Department of Defense from 1995 - 1999.... |
|
| Asa Hutchinson Asa Hutchinson William Asa Hutchinson is a former U.S. Attorney for the Fort Smith-based Western District of Arkansas, U.S. Congressman from the Third District of Arkansas, Administrator of the U.S. Drug Enforcement Administration and the first-ever Under Secretary for Border & Transportation Security at the U.S... |
|
| Ambassador James R. Jones | |
| Talbot “Sandy” D’Alemberte | |
| Richard A. Epstein | |
| Dr. David P. Gushee | |
| Azizah al-Hibri | |
| Brigadier General David Irvine, USA (Ret.) | |
| Judge William S. Sessions William S. Sessions William Steele Sessions is a civil servant who served as a judge and 4th Director of the Federal Bureau of Investigation... |
|
| Dr. Gerald E. Thomson | |
| Judge Patricia M. Wald |
Constitutional Amendments Committee
The Constitutional Amendments Committee was co-chaired by Mickey EdwardsMickey Edwards
Marvin Henry "Mickey" Edwards is a former Republican congressman who served Oklahoma's 5th congressional district from 1977 to 1993.-Education and early career:...
, a former Member of Congress
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
(R-OK) and Director of the Rodel Fellowship in Public Leadership Program at the Aspen Institute
Aspen Institute
The Aspen Institute is an international nonprofit organization founded in 1950 as the Aspen Institute of Humanistic Studies. The organization is dedicated to "fostering enlightened leadership, the appreciation of timeless ideas and values, and open-minded dialogue on contemporary issues." The...
, and Abner J. Mikva
Abner J. Mikva
Abner Joseph Mikva is a Democratic former U.S. Representative, federal judge and law professor from Chicago.-Biography:Born in Milwaukee, Wisconsin, Mikva attended the University of Chicago Law School, from which he graduated in 1951...
, former Member of Congress (D-IL) and Chief Judge, US Court of Appeals for the DC Circuit
United States Court of Appeals for the District of Columbia Circuit
The United States Court of Appeals for the District of Columbia Circuit known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a...
. The Committee was a bipartisan project that urged restraint in the constitutional amendment process. It was formerly known as Citizens for the Constitution, and the majority of its work preceded the formal organization of the Constitution Project.
Reports and Statements
Great and Extraordinary Occasions – Developing Guidelines for Constitutional Change : The report “argues that the new abundance of proposed constitutional amendments stems from the misperception that the Constitution is an obstacle to the current public interest rather than a delicately crafted document based upon enduring principles that has served to balance and guide our nation since its creation.”Courts Committee
The Courts Committee was co-chaired by Mickey EdwardsMickey Edwards
Marvin Henry "Mickey" Edwards is a former Republican congressman who served Oklahoma's 5th congressional district from 1977 to 1993.-Education and early career:...
, a former Member of Congress
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
(R-OK) and Director of the Rodel Fellowship in Public Leadership Program at the Aspen Institute
Aspen Institute
The Aspen Institute is an international nonprofit organization founded in 1950 as the Aspen Institute of Humanistic Studies. The organization is dedicated to "fostering enlightened leadership, the appreciation of timeless ideas and values, and open-minded dialogue on contemporary issues." The...
, and William S. Sessions
William S. Sessions
William Steele Sessions is a civil servant who served as a judge and 4th Director of the Federal Bureau of Investigation...
, a partner at Holland & Knight LLP
Holland & Knight
Holland & Knight is an international law firm with more than 1,000 lawyers in 17 U.S. offices. Other offices around the world are located in Abu Dhabi, UAE, Beijing, China, and Mexico City, Mexico. Holland & Knight provides representation in litigation, business, real estate and governmental law.-...
, former Director of the FBI, and former Chief Judge of the United States District Court for the Western District of Texas
United States District Court for the Western District of Texas
The United States District Court For the Western District Of Texas is a Federal district court. The court convenes in San Antonio with divisions in Austin, Del Rio, El Paso, Midland, Pecos, and Waco. It has jurisdiction in over 50 Trans-Pecos, Permian Basin and Hill Country counties of the U.S....
. The Committee conducted public education and advocacy on the importance of our courts as protectors of Americans’ essential constitutional freedoms, while working to ensure that our judicial system is accountable through appropriate and established means.
Reports and Statements
Uncertain Justice – Politics and America’s Courts : The report argues that “increasing efforts to politicize the political selection process undermine the ability of the courts to protect the basic rights of individuals and decide cases freely and accurately.”The Higher Ground – Standards of Conduct for Judicial Candidates : The pamphlet stresses that “judges should be impartial, fair, and knowledgeable in order to fill their role as a cornerstone of democracy.”
Independent Courts Toolbox : The publication was designed “for activist organizations and individuals working locally to defend the independence of the judiciary.”
Justice Held Hostage – Politics and Selecting Federal Judges : The report “examines the increasing length of time taken to fill a federal bench since the Carter Administration, arguing that this delay threatens the framework of the judicial system as it slows the process of delivering justice in the United States.”
Ten Principles for Preserving Courts’ Role in American Democracy : The statement “recommends that legislative and executive branch officials work to preserve courts’ ability to decide cases impartially and to ensure meaningful access to the courts for all individuals.”
Newsroom Guide to Judicial Independence : The report “provides a variety of material designed to assist in thoughtful – and expedited – reporting: historical information on judicial independence, related court cases, quotes from lawmakers, a glossary of terms, a chart detailing judicial selection methods in each state and territory, and leads to organizations and people who are valuable resources for reporters.”
The Cost of Justice – Budgetary Threats to America’s Courts Today : The report investigates “funding shortages have forced states to close courthouse doors, reduce the number of judges and court staff and decrease the number and quality of services for those with special needs, including foreign-language and sign-language interpreters, and calls on legislatures to take whatever steps are needed to ensure that courts have appropriate levels of funding so that they can fulfill their constitutional obligations and ensure that all individuals have meaningful access to justice.”
Legal Briefs
Spargo v. New York Commission on Judicial Conduct, US Court of Appeals for the Second CircuitUnited States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
: The Constitution Project filed amicus brief in support of the Commission.
Sentencing Committee
The Sentencing Committee was assembled to develop principles for establishing post-BookerUnited States v. Booker
United States v. Booker, , was a United States Supreme Court decision concerning criminal sentencing. The Court ruled that the Sixth Amendment right to jury trial requires that, other than a prior conviction, only facts admitted by a defendant or proved beyond a reasonable doubt to a jury may be...
sentencing systems that both protect public safety and respect the constitutional rights of defendants. The Committee is co-chaired by Philip Heymann (Deputy Attorney General
United States Deputy Attorney General
United States Deputy Attorney General is the second-highest-ranking official in the United States Department of Justice. In the United States federal government, the Deputy Attorney General oversees the day-to-day operation of the Department of Justice, and may act as Attorney General during the...
during the Clinton administration
Presidency of Bill Clinton
The United States Presidency of Bill Clinton, also known as the Clinton Administration, was the executive branch of the federal government of the United States from January 20, 1993 to January 20, 2001. Clinton was the first Democratic president since Franklin D. Roosevelt to win a second full term...
and James Barr Ames Professor of Law at Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
) and Edwin Meese
Edwin Meese
Edwin "Ed" Meese, III is an attorney, law professor, and author who served in official capacities within the Ronald Reagan Gubernatorial Administration , the Reagan Presidential Transition Team , and the Reagan White House , eventually rising to hold the position of the 75th Attorney General of...
(United States Attorney General
United States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
during Reagan administration and a distinguished fellow at the Heritage Foundation
Heritage Foundation
The Heritage Foundation is a conservative American think tank based in Washington, D.C. Heritage's stated mission is to "formulate and promote conservative public policies based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong...
).
Reports and Statements
Principles for Design and Reform of Sentencing Systems : The statement and background report “articulates the need for fairness and flexibility in a sentencing system.”Recommendations for Federal Criminal Sentencing in a Post-Booker World : The report addresses “the considerable constitutional uncertainty in the wake of the Blakely v. Washington and United States v. Booker Supreme Court decisions. Working from their conclusion that the Booker decision, while adding some measure of flexibility, fails to solve the considerable problems associated with sentencing guidelines.”
War Powers Committee
The War Powers Committee was co-chaired by Mickey EdwardsMickey Edwards
Marvin Henry "Mickey" Edwards is a former Republican congressman who served Oklahoma's 5th congressional district from 1977 to 1993.-Education and early career:...
, former Member of Congress (R-OK) and Director of the Rodel Fellowship in Public Leadership Program at the Aspen Institute
Aspen Institute
The Aspen Institute is an international nonprofit organization founded in 1950 as the Aspen Institute of Humanistic Studies. The organization is dedicated to "fostering enlightened leadership, the appreciation of timeless ideas and values, and open-minded dialogue on contemporary issues." The...
, and David Skaggs
David Skaggs
David Evans Skaggs was a Democratic Congressman from the state of Colorado from 1987 to 1999.Skaggs was born in Cincinnati, Ohio, but grew up in the New Jersey suburbs of New York City. He attended Wesleyan University, and after earning his degree in Philosophy in 1964, went on to Yale University,...
, former Member of Congress (D-CO). The Committee was assembled to provide guidance on how the U.S. should constitutionally and prudently make the decision to introduce America's armed forces into hostilities.
Reports and Statements
Deciding to Use Force Abroad – War Powers in a System of Checks and Balances : The report “is an emphatic call to Congress to rededicate itself to its primary constitutional role in deciding when to use force abroad.”Award for Constitutional Commentary
Since 2007, the Constitution Project has recognized the author or producer of an outstanding work that has improved the quality of public discourse through insightful and articulate analysis of the constitutional implications of an major issue of the day.Past winners of the Constitutional Commentary Award include:
2007: Boston Globe reporter Charlie Savage
Charlie Savage
Charlie Savage is a newspaper reporter in Washington, D.C., with the New York Times, which he joined in May 2008. In 2007, when employed by the Boston Globe, he was the recipient of the 2007 Pulitzer Prize for national reporting on the issue of Presidential Signing Statements, specifically the use...
for his book, Takeover: The Return of the Imperial Presidency & the Subversion of American Democracy
2008: New York Times reporter Linda Greenhouse
Linda Greenhouse
Linda Greenhouse is the Knight Distinguished Journalist in Residence and Joseph M. Goldstein Senior Fellow at Yale Law School...
for her body of work covering the U.S. Supreme Court
Board of directors
The Constitution Project is governed by a board of directorsBoard of directors
A board of directors is a body of elected or appointed members who jointly oversee the activities of a company or organization. Other names include board of governors, board of managers, board of regents, board of trustees, and board of visitors...
. The Board is currently chaired by Stephen F. Hanlon, a partner and director of the Community Services Team at the law firm of Holland & Knight LLP
Holland & Knight
Holland & Knight is an international law firm with more than 1,000 lawyers in 17 U.S. offices. Other offices around the world are located in Abu Dhabi, UAE, Beijing, China, and Mexico City, Mexico. Holland & Knight provides representation in litigation, business, real estate and governmental law.-...
. Other members of the Board include:
Mickey Edwards
Mickey Edwards
Marvin Henry "Mickey" Edwards is a former Republican congressman who served Oklahoma's 5th congressional district from 1977 to 1993.-Education and early career:...
: Former Member of Congress
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
(R-OK) and Director of the Rodel Fellowship in Public Leadership Program at the Aspen Institute
Aspen Institute
The Aspen Institute is an international nonprofit organization founded in 1950 as the Aspen Institute of Humanistic Studies. The organization is dedicated to "fostering enlightened leadership, the appreciation of timeless ideas and values, and open-minded dialogue on contemporary issues." The...
Dr. Morton H. Halperin
Morton Halperin
Morton H. Halperin is an American expert on foreign policy and civil liberties. He served in the Johnson, Nixon, and Clinton administrations and in a number of roles with think tanks and universities such as the Council on Foreign Relations and Harvard University.- Early career :Halperin received...
: Director of US Advocacy at the Open Society Institute
Open Society Institute
The Open Society Institute , renamed in 2011 to Open Society Foundations, is a private operating and grantmaking foundation started by George Soros, aimed to shape public policy to promote democratic governance, human rights, and economic, legal, and social reform...
– DC
Paul Saunders : Partner at the law firm of Cravath, Swaine & Moore LLP
Cravath, Swaine & Moore
Cravath, Swaine & Moore LLP is a prominent American law firm based in New York City, with an additional office in London. The second oldest firm in the country, Cravath was founded in 1819 and consistently ranks first among the world's most prestigious law firms according to a survey of partners,...
Virginia Sloan : President of the Constitution Project
See Also
- The Imperial PresidencyThe Imperial PresidencyThe Imperial Presidency by Arthur M. Schlesinger, Jr. was written in 1973.This book details the history of the Presidency of the United States from its conception by the Constitutional Founders, through the late twentieth century...
- United States ConstitutionUnited States ConstitutionThe Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
- United States constitutional lawUnited States constitutional lawUnited States constitutional law is the body of law governing the interpretation and implementation of the United States Constitution.- Introduction :United States constitutional law defines the scope and application of the terms of the Constitution...