Constitutional Opinions
Constitutional Opinions
by | Mar 29, 2020

In The Federalist, Alexander Hamilton devotes many consecutive articles to addressing the faults of the Articles of Confederation. Occasionally writing together with Madison, he makes the case that the new Constitution would remedy those defects. That the government established by…

by | Mar 15, 2020

American liberals once worshipped at the feet of Lady Justice. During the 1960s, the heyday of the progressive Warren Court, jurists became the tip of the left-wing spear. If the public refused to accept the latest progressive nostrum, no worries….

by | Feb 15, 2020

Writing in the Wall Street Journal on February 12, Max Raskin argued, The bar for investigating political opponents should be high, especially when offenses are selectively enforced or derivative of the investigation. Many crimes — marijuana possession, jaywalking — are…

by | Jan 28, 2020

Intellectual property policymaking can be thorny territory, often because it’s a right mentioned both in the Bill of Rights and the original text of the Constitution. The Constitution foreshadows what many of the possible difficulties in crafting intellectual property policy,…

by | Jan 25, 2020

A king “is appointed to protect his subjects in their lives, properties and laws; for this very end and purpose he has the delegation of power from the people; and he has no just claim to any other power than…

by | Jan 22, 2020

One of the most important goals of the Constitutional Convention was to establish a strong chief executive who would nonetheless not be a king. Nowhere is that balance between concentrated power and republican restraint on government more exposed than in…

by | Jan 8, 2020

Dissenting in the case of Caperton v. A. T. Massey Coal Co. (2009), the late Justice Antonin Scalia (1936–2016) wrote, A Talmudic maxim instructs with respect to the Scripture: “Turn it over, and turn it over, for all is therein.”…

by | Dec 26, 2019

Both of the articles of impeachment passed by the Democrats in the House are unprecedented in that they charge “thought crimes” against a president. They are based on the dubious legal theory that doing something that is legal in and…

by | Dec 25, 2019

Washington is convulsed by politics these days. The presidential election is less than a year away. The House is moving forward on impeaching President Donald Trump. And there is widespread preparation for a possible Supreme Court confirmation battle. Of course,…

by | Dec 25, 2019

What a disappointment. After the two House Get Trump Committees came up with (if you’ll pardon the expression) trumped-up charges against our current president, and the Democrats in that degraded body rose to the bait and voted for two articles…

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