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December 2, 2014

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review July 17, 2014 / 19 Tammuz, 5774

How to alter the Constitution you so dislike

By Jeff Jacoby




JewishWorldReview.com | To the Constitution’s 27 amendments, Senate Democrats would like to add a 28th.

The Senate Judiciary Committee last week approved a resolution to amend the Constitution by empowering Congress to regulate the amount of money that could be raised or spent in federal election campaigns, and granting state governments the same authority in state elections. The amendment — introduced by New Mexico Senator Tom Udall and co-sponsored by most of his Democratic colleagues, including Elizabeth Warren and Ed Markey of Massachusetts — is intended to roll back not only the Supreme Court’s 2010 ruling in Citizens United v. FEC, but also its landmark decision in Buckley v. Valeo, which affirmed nearly 40 years ago that political spending was expression protected by the First Amendment from arbitrary government limits.

The proposed amendment will almost certainly fail on the Senate floor, where it doesn’t have the two-thirds support needed for passage. In the Republican-controlled House, where Minority Leader Nancy Pelosi yesterday introduced a companion resolution, opposition is even steeper.

For anyone who believes in a vigorous marketplace of ideas and thinks more political speech is better than less, the likely defeat of Udall’s amendment is reassuring. Count me among those who would hate to see liberties guaranteed by the First Amendment stripped of their protection through new constitutional language. Yet even those of us who reject the notion that the Bill of Rights needs fixing should take a moment to applaud Udall and his allies for pursuing their goal the right way: by undertaking the challenge of trying to pass an amendment.

Udall’s amendment isn’t the only suggested constitutional fix being bruited about. Senator Jon Tester of Montana and Representative Jim McGovern of Massachusetts are pushing a “People’s Rights Amendment” that would limit constitutional rights to “natural persons,” thereby erasing the corporate personhood rights that were key to the holding in Citizens United and, more recently, Burwell v. Hobby Lobby. Markey backs this amendment too; on the day of the Hobby Lobby ruling he announced his support for Tester’s Senate version.

If anything, the anti-corporate-personhood crusade is more ill-advised than the effort to squelch independent campaign spending. Even liberal legal scholars have warned that if the People’s Rights Amendment were ever adopted, the collateral damage would be severe. But give the sponsors credit for openly advocating a change in the Constitution, and not just trying to get the Framers’ language reinterpreted to mean something it never meant before.

To say that the Constitution isn’t easy to amend is an understatement. More than 10,000 amendments have been proposed by members of Congress over the last two-and-a-quarter centuries. Just 27 of them were eventually ratified. But to say that the Constitution is impossible to amend is obviously an overstatement. It can be done, but only with time, persistence, and public support that is both wide and deep. The process was designed to be difficult. For all the talk about a “living Constitution,” it is the nation’s legal bedrock; it isn’t supposed to change except under extraordinary circumstances, and only after following the deliberately convoluted, hurdle-filled course set out in Article V.

Judicial review gives us a way to adapt constitutional writ to modern applications. “For the most part, we the people have generally regarded that as legitimate,” says Samford University law professor Brannon Denning, “even as we disagree about specific decisions.” But a fundamental altering of the Constitution’s meaning — a tectonic shift in the bedrock — should come not from judges but from the people, through the affirmative democratic act of amending the Framers’ text.

For most of our history, this was taken for granted. Americans committed to achieving female suffrage didn’t insist that women’s right to vote was already in the Constitution, waiting to be discovered by a judge in the penumbra of the Bill of Rights. They fought for a 19th Amendment that would make that right unambiguous. Likewise, Americans who wanted an end to poll taxes secured it through the 24th Amendment.

Americans may disagree vehemently on just where the Constitution needs fixing. But hats off to those who propose to “fix” it the way the Framers prescribed: by amendment, not lawsuit. Much harder that way. Much more legitimate.

Jeff Jacoby Archives

Jeff Jacoby is a Boston Globe columnist.

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