5th Amendment
Supreme Court: Property Rights vs Labor Unions
As the Supreme Court’s recent Obamacare case illustrates, the justices no longer enforce most of the Constitution’s limits on the federal government. But a new property rights decision demonstrates how they are super-enforcing the Bill of Rights. First some...
The Supreme Court Used to Consider the Minimum Wage Unconstitutional
I wonder how many Americans realize that the U.S. Supreme Court once declared the minimum wage to be in violation of U.S. Constitution. This occurred in 1923 in a case entitled Adkins v. Children’s Hospital. In a 5-3 decision in that case, the Supreme Court held that...
Palladium of Liberty: The Right of Trial by Jury
One of the best things that our American ancestors did was to include the right of trial by jury in the Bill of Rights. The Fifth Amendment states in part: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial an impartial jury...
Can the Government Restrict Travel to Protect Public Health?
The issue of whether government in America can quarantine persons against their will, ostensibly for their own health and that of others with whom they may come in contact, requires a dual analysis — one of the powers of the federal government and the other of the...