Judiciary
The Supreme Court’s New Decision on “Taking Property”
In the next few weeks, the Supreme Court will be finishing up its October Term. The term gets its name from the fact that it begins Oct. 1. The next few columns will unpack some of the court’s most important decisions. I will be focusing mostly (although not entirely)...
Federal Farmer: Will the Judiciary Preserve or Destroy Liberty?
While many anti-federalists, including Patrick Henry, regarded the judicial branch of the federal government under the proposed U.S. Constitution with deep suspicion, the Federal Farmer took a more moderate, albeit guarded stance. In his fifteenth letter dated Jan....
How the States Can be Even Worse than the Feds on Qualified Immunity
For decades, the federal courts have upheld the doctrine of qualified immunity, giving federal officials enormous legal protections against lawsuits from private citizens for violating their rights. As interpreted today, a federal agent only has to “reasonably...
Today in History: Judiciary Act of 1789 Signed into Law
On this date in 1789, George Washington signed the Judiciary Act into law. This was arguably the first federal exercise of unconstitutional power. Article III of the Constitution delegated judicial power to the Supreme Court and empowered Congress to “ordain and...