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" The modern presidency, as expressed in the policies of the administration of George W. Bush, provides the strongest piece of evidence that we are governed by a fundamentally different Constitution from that of the framers. "

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" The 1994 elections that brought Newt Gingrich to power in the House decisively shaped the remaining years of Bill Clinton's presidency, pushing him further to the right and bringing out his latent tendency to govern every day as if an election were being held the next. "

Noah Feldman

Every Day

Power

House

" Our post-denominational age should be the perfect time for a Mormon to become president, or at least the Republican nominee. Mormons share nearly all the conservative commitments so beloved of the evangelicals who wield disproportionate influence in primary elections. "

" In an ideological age, diplomacy may seem weak and prosaic. But sometimes it is all we have. "

" The true test of whether Mr. Obama has improved on the Bush era lies in how his administration justifies its decisions on the 241 remaining Guantanamo detainees, whose cases will now be evaluated internally and reviewed by the courts. "

" Empires inevitably fall, and when they do, history judges them for the legacies they leave behind. "

" During the New Deal, people thought to be liberal was to reject socialism on one extreme and fascism on the other, and to preserve capitalism through regulation and a social safety net. "

" Cyber war takes place largely in secret, unknown to the general public on both sides. "

" To hear both critics and defenders talk about the fitness of Judge Sonia Sotomayor for the Supreme Court, you'd think the most successful Supreme Court justices had been warm, collegial consensus-builders. But history tells a different story. "

" From a constitutional standpoint, the religion of a candidate is supposed to make no difference. Even before the founding fathers dreamed up the First Amendment, they inserted a provision in the Constitution expressly prohibiting any religious test for office. "

Noah Feldman

Office

Constitution

" Mormonism was born amid secrecy, and throughout its existence as a religion it has sustained a close yet complex relationship to the arts of silence. "

" For Mitt Romney, the complex question of anti-Mormon bias boils down to the practical matter of how he can make it go away. Facing a traditional American anti-Catholicism, John F. Kennedy gave a speech during the 1960 presidential campaign declaring his private religion irrelevant to his qualifications for public office. "

" Like many great world faiths, Mormonism has an important strand of sacred mystery. Mormon temples have traditionally been closed to outsiders and designed with opaque windows. "

" Roosevelt got a chance to name an amazing nine justices of the Supreme Court. He was not namby-pamby on this question. He wanted people who shared his views, he wanted liberals, and he wanted lots of them. "

" The transformation of the United States from a traditional republic to a democratic nation run in large measure by a single executive took a couple of hundred years. "

" To try to be at once a Lithuanian yeshiva and a New England prep school: that was the unspoken motto of the Maimonides School of Brookline, Mass., where I studied for 12 years. "

" Given the pervasive secrecy of the Bush-Cheney administration, and the sorry consequences of that disposition, President Barack Obama's early emphasis on openness in government seems almost inevitable. "

" When we put our trust in diplomacy, it is not because it is an inspiring or uplifting discourse or because it helps us see the common humanity in others. The stylized circumlocutions of diplomats can make them seem ridiculous or irrelevant: they never seem to be talking about what is really going on. "

" It is often noted that it can be hard for democracies to fight wars because of changing public opinion. "

" How can you have the religion of the sovereign be the religion of the state if the sovereign belongs to many religions? And it's at that point, I think, historically, that you start to see people saying maybe the state should not associate itself with any religion. Maybe there shouldn't be any official religion. "

" A constitutional tradition that works is one that is in a constant state of dynamic evolution. You have a written constitution that says 'x,' but no constitutional system works if it just follows what's in that written constitution and never changes. Interpretation gives it the freedom to change. "

" The administration of George W. Bush, emboldened by the Sept. 11 attacks and the backing of a Republican Congress, has sought to further extend presidential power over national security. Most of the expansion has taken place in secret, making Congressional or judicial supervision particularly difficult. "

" It seems strange to the rest of the world, but we Americans can't seem to stop talking about how other countries should be democratic like we are. "

" The practical core of democracy, defined functionally, is the peaceful exchange of power between different groups of powerful political players arranged in parties. "

" After 9/11, most Americans were in no mood to talk with our enemies in the Middle East, whatever those enemies' ideology, and the Bush administration's policies of invasion and pre-emption reflected that sentiment. "

" During the boom years of the 1990s, globalization emerged as the most significant development in our national life. With NAFTA and the Internet and big-box stores selling cheap goods from China, the line between national and international began to blur. "

" Well-meaning Europeans sometimes argue that unlike the U.S., their countries are traditionally 'homogeneous' and have little experience with immigration. "

" The Chinese public is deeply nationalist, which matters to China's unelected political leadership as much as U.S. nationalism does to American politicians. As China becomes the world's largest economy, there is meaningful public pressure for its power status to advance in parallel. Any alternative would be humiliating. "

" Prisoners, according to the law, who are non-U.S. citizens and are detained outside the U.S. - including in Guantanamo Bay - are denied 'habeas corpus.' They are also denied the right to claim the Geneva Conventions confer certain rights on them. "

" The great difficulty with Guantanamo is it was perceived correctly as being a place where people were not being detained subject to rules. I don't think the world thinks that you can't detain suspected terrorists - the world thinks you can do that, but you have to do it pursuant to rules and to clear charges. "

" The world is littered with constitutions that have written guarantees of rights but that don't actually deliver rights. What differentiates the ones where rights are real from where rights are fake is that it's in the initial interests of the majority to actually deliver these rights. "