Constitutional Opinions

Constitutional Opinions

The Politics of Paternalism

By 6.26.13

Monday's Supreme Court opinion on affirmative action will be remembered only for Justice Thomas’ sharp concurrence.
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Constitutional Opinions

The Grave Robber

By From the April 2013 issue

The left attempts to dig up the moldering remains of John C. Calhoun and plant them on the Republicans. 
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Constitutional Opinions

Maryland v. King

By 4.8.13

Can states take DNA swabs from felony arrestees?
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Constitutional Opinions

Null and Void?

By From the March 2013 issue

The question of nullification, though, is going to be difficult to avoid in the months ahead. Talking Points Memo puts at 20 the number of states mulling legislation to resist federal gun controls.
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Constitutional Opinions

Next at the Palladium

By From the February 2013 issue

It looks like we are going to see this year a campaign to restrict the right of Americans to keep and bear arms. It is going to be led by politicians racing to exploit the tragedy at Newtown, Connecticut, where 20 children and seven adults were slain by a mentally ill young man using a semi-automatic rifle. It is too soon to gauge whether this campaign will center on the Congress, the courts, or the states. It is not too soon to say that it will be quite a show at the palladium.

“Palladium” is the word that was used by St. George Tucker to describe the Second Amendment to the Constitution. Tucker was a lawyer from Virginia, where he taught at William and Mary and served on the state’s supreme court before he was elevated in 1813 to the federal district court. The most quoted legal authority of his day, Tucker brought out an American edition of Blackstone’s Commentaries, in which he offered his famous description of the Second Amendment.

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