“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
The current Supreme Court is a vigorous defender of property rights. In general, I like that. But as I observed in a column last year, the court sometimes goes beyond what an accurate reading of the Constitution can justify. The Fifth Amendment is part of the Bill of...
When the Supreme Court overruled Roe v. Wade (pdf), most of the outrage came from those who believe the U.S. Constitution protects abortion rights. However, a few argued that the Constitution mandates a national standard forbidding abortion. This essay explains why...
I hold it that a little rebellion now and then is a good thing, and as necessary in the political world as storms in the physical.” -Thomas Jefferson, Jan. 30, 1787 When Thomas Jefferson wrote to his friend, neighbor and colleague, James Madison, his view that...
In a previous essay, I surmised that the purpose of leaking the Supreme Court’s draft opinion overruling Roe v. Wade (pdf) was to expose one or more justices to political pressure. Abortion proponents are now applying that pressure—in the media, from academia, in...
Most judges and lawyers agree that the war on drugs in the past 50 years has seriously diminished the right to privacy guaranteed by the Fourth Amendment. Now a small group of legal academics is arguing that the war in Ukraine should be used to diminish property...