Ask Americans what they think the First Amendment protects, and they will tell you “freedom of speech.”  But few will think of the amendment’s third protection: “freedom of assembly.” In his provocative new book, “Liberty’s Refuge, The Forgotten Freedom of Assembly,” Washington University School of Law professor John Inazu implores Americans to keep in mind the importance of this protection.

George W. Bush deserves all the praise he is receiving forhis politically astute selection of John Roberts for Supreme Court justice.

John Roberts will be the next chief justice of the United States. He will not, however, get through either the Senate Judiciary Committee or the full Senate without significant opposition.

John Roberts is likely to face a fairly difficult confirmation fight precisely because he is predicted be such an effective Supreme Court justice.

This was a debate full of surprises, at least for me. The first: CNN’s John King showed some forebearance in not leading off with a question to Rick Santorum on his statements on contraception and other cultural issues.

Jan. 21 is an auspicious day, for two reasons. It is the date of the South Carolina primary, and it is the second anniversary of the Supreme Court’s Citizens United decision.

Political dysfunction. Partisanship at record levels. Attack politics run amok. And public approval of Congress scraping the single digits (Sen. John McCain is fond of saying it's down to blood rlatives and paid staff).

There remains a long line of unfortunate and flawed Supreme Court precedents regarding the broad scope of the powers granted to Congress under both the Commerce Clause and the Necessary and Proper Clause.