Is Court Packing Constitutional?
One of the major issues in the run-up to the election was whether Democrats planned to follow-through on threats to pack the Supreme Court in response to President Trump’s appointment of three justices. As Republican control of the Senate appears more and more likely,...
Applying the Fourth Amendment’s Original Meaning to Cell Phones and Heat Sensors
How should the Fourth Amendment’s original meaning be applied to modern technology that was not in existence at the time of the Amendment’s enactment? Many commentators believe this type of question problematic to answer. As Justice Alito quipped some years ago at...
Originalism, the Fourth Amendment, and New Technology
One of the important issues for originalism is whether it can be applied to new circumstances that were not envisioned at the time of the original Constitution. Perhaps this issue is encountered most often when considering the application of the Fourth Amendment to...