Jury Nullification: The Constitutional Judgment of Juries
The right of jury nullification is considered by many to be the “last bastion” of liberty and a final check against government oppression. But does this apply to all cases? Does it allow juries to nullify constitutional law? In “The Jury’s Constitutional Judgment,”...
A Basement Full of Water: Another View of the Health Care Ruling
by Michael Maharrey Imagine you wake up one morning and walk down into your basement to find that while you slept a pipe burst, spewing hundreds of gallons of water into your cellar. To your horror, swirling water already reaches above your knees. You immediately go...
Making stuff up as they go
by Jeff Matthews In the various lawsuits brought by states to challenge the validity of ObamaCare, an over-arching issue concerns the limit, if any, of Congress’ powers under the Commerce Clause. However, there are more arguments in play. One of them deals with...