Douglas Smith

Douglas Smith is a Senior Lecturer in Residence at Loyola University Chicago School of Law and adjunct scholar at the American Enterprise Institute who has written extensively on the Second and Fourteenth Amendments and filed a brief in support of respondents in District of Columbia v. Heller.

START’s Lame Passage


Last week the Republican majority held a reading of the Constitution on the floor of the House of Representatives. One wonders whether the Senate should do the same. For in ratifying the Strategic Arms Reduction Treaty (START) on a rushed basis during a lame duck session of Congress, the Senate arguably abdicated its constitutional responsibility. […]

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Follow the Rule of Law


The 2010 midterm elections represent a resounding referendum on the Obama Administration. Voters turned out to repudiate policies with which they disagreed. At the forefront of voter displeasure were the new administration’s massive spending and the ever-burgeoning national debt. However, many voters also expressed concern that the Obama Administration was taking actions that were at […]

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Suing Obamacare


While the lawsuit brought by twenty States challenging the constitutionality of the Obama Administration’s healthcare legislation initially received much publicity, the Administration’s recent response to that lawsuit has garnered relatively little attention. However, even a cursory review of the Administration’s motion to dismiss the case presents an expansive view of government power and a narrow […]

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Hiding Behind U.S. Law


The Supreme Court recently gave a significant victory to those seeking to prevent plaintiffs’ lawyers from taking advantage of our overly generous civil justice system. In Morrison v. National Australia Bank Ltd., the Court held that plaintiffs who purchased securities traded on foreign exchanges could not bring an action for securities fraud in U.S. courts. […]

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The Criminalization of Business


Under the radar, the Obama administration has exhibited a disturbing tendency to criminalize business. Recently the administration announced that it was opening a criminal investigation into the activities of Goldman Sachs in selling securities backed by subprime mortgage loans. Now comes word that the Food and Drug Administration is considering imposing criminal penalties against Johnson […]

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How Cruel and Unusual?


While it received relatively little attention in the popular press, the Supreme Court’s recent decision in Graham v. Florida barring States from imposing life sentences on juvenile offenders without the possibility of parole illustrates many of the problems with the modern Court’s approach to such constitutional questions. In doing so, it raises a number of […]

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A Shrewd Choice


President Obama’s nomination of Elena Kagan to serve as the next Supreme Court Justice is no surprise to many. By most accounts, she is likely to be an effective advocate on the Court. For those in favor of the Court’s steady erosion of the constraints on government power enshrined in our written Constitution, her nomination […]

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The Democrats’ “Corporate” Obsession


Fresh off their claims that the public actually favors the massive takeover of the health care system that they recently passed into law (when in reality polling shows strong opposition), Democrat leaders in the Senate apparently seek to turn the upcoming hearings on a replacement for Justice Stevens into a “referendum” on allegedly “controversial” decisions […]

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Guns Before the Court


Today the Supreme Court will hear argument in a case that is likely to result in a landmark decision. In McDonald v. Chicago, the Court will consider whether the individual right to bear arms it recognized in District of Columbia v. Heller can be enforced against State and local governments. In doing so, it may address […]

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