Court Cases
On the Omission of the Term “Expressly” from the Tenth Amendment
In his recent review of Lawrence Lessig’s new book, “Fidelity and Constraint,” Georgetown law professor John Mikhail takes issue with Lessig’s account of the New Deal. Mikhail rejects Lessig’s implied suggestion that the New Deal Court departed from the original...
Supreme Court Simultaneously Tramples State Sovereignty and Fourth Amendment
A case recently decided by the U.S. Supreme Court once again reveals the inherent danger of placing virtually unlimited authority in the federal judiciary and centralizing decision making for 50 sovereign states and over 325 million people in the hands of nine...
The Supreme Court Gets It Wrong Even While Getting It Right
Conservatives are cheering the recent opinion by the United States Supreme Court allowing a cross to remain on public land. But should they be? In 1918, residents of Prince George’s County, Maryland, formed a committee for the purpose of erecting a memorial for the...
Can Government Punish Twice for the Same Crime?
“…nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb…” -Fifth Amendment to the U.S. Constitution The government in America is out of control. There is no happy ending here. Earlier this week, the...