March 27, 2017

The fervor over whether Attorney General Jeff Sessions lied during his Senate confirmation hearing exemplifies once again the bitter political divide in this Country.  Republicans have lined up to support him, arguing in essence that if Sessions “misspoke,” he can correct his testimony - after being confirmed as our Attorney General.  Democrats have called for an independent investigation, and some have demanded his resignation, alleging that Sessions committed perjury.

Though the political battle lines have been drawn predictably, the controversy runs much deeper and affects the very system of justice that our Attorney General has been designated to lead, as well as the institution of truth that is fundamental to our way of life.  Sess...

March 2, 2017

There is some misconception about the scope of the Johnson Amendment, a provision in the Internal Revenue Code sponsored by then Senator Lyndon B. Johnson and enacted by Congress in 1954.  The Amendment prohibits all non-profit entities from endorsing or opposing political candidates.  It does not apply just to religious institutions.

Although some argue that the Johnson Amendment abridges free speech, one goal of the law is to prevent non-profit entities, which receive tax exempt status from the federal government (and in many cases property tax exemptions from local governments), from directly endorsing or opposing political candidates.  In other words, Congress thought it appropriate to ban entities being subsidized by the citizens t...

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