From National Affairs George Will writes The Limits of Majority Rule. I strongly recommend you read the entire essay. an excerpt: Another reason many conservatives favor judicial deference and restraint is what can be called the conservative populist temptation. Conservatives are hardly
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When Cops Seize Property from Michael Haugen at The National Review If this situation sounds like an abuse of constitutional due process, it is — and it gets worse. Because the property itself “commits” a crime under civil forfeiture, the
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from Kevin Williamson at National Review, Merrick Garland’s ‘Moderation’ It should not matter — if the law were the law. If the law is whatever our black-robed secular clerics say it is, then it does matter what sort of political
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Aside from the political controversy about replacing Scalia, the court reflects an intellectual bias rarely considered. We consider bias in terms of race, religion or sex, but there is an intellectual bias when we consider different people with the same
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from George Will at National Review, A Jurist of Colossal Consequence: Democracy’s drama derives from the tension between the natural rights of individuals and the constructed right of the majority to have its way. Natural rights are affirmed by the
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from the WSJ Justice Scalia Writes: “The virtue of a democratic system with a First Amendment is that it readily enables the people, over time, to be persuaded that what they took for granted is not so, and to change
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from Daniel Greenfield at Sultan Knish, A Tour of Our Decadent Civilization Excerpt: The decadent civilization has a million laws which it applies selectively. Its universal laws, inherited from a vigorous civilization, are so mired in legalisms as to be
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From Rand Simberg at PJ Media, How Republics Die: But the Founders foresaw this sort of thing. That is why they put a provision into the founding document to deal with it. The proper way to address the issue, in terms
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From The Weekly Standard in 2010, The Process is the Substance by Matthew Continetti: Once the shock wore off, the Democrats decided that if they could not pass their reform following normal procedure, they would simply change the procedure. Hence the
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from Petterico’s Pontifications, King v. Burwell: Intentionalism Trumps Textualism, and the Rule of Law Dies: excerpt: There is much disagreement about this on both sides. The conservatives point to Jonathan Gruber, a central ObamaCare drafter. The lefties note that Gruber
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from The Washington Post, On Obamacare, John Roberts helps overthrow the Constitution by George Will excerpt: Since the New Deal, courts have permitted almost any legislative infringement of economic liberty that can be said to have a rational basis. Applying
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From Rand Simberg at PJ Media, How Republics Die: As I noted on Twitter yesterday, it is entirely possible to like the outcome of a court ruling (or legislation) while being appalled at the process by which it was achieved.
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from the Wall Street Journal, a remembrance of Henry Manne- A Champion of Law Informed by Economics: From “Bring Back the Hostile Takeover,” June 26, 2002: Since Enron, there has been an outbreak of regulatory fever in Washington: A tide of
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Conrad Black writes Eric Garner’s America in The National Review. Excerpts: African Americans must not imagine that, even though they may be the principal and most frequent victims of the police and prosecution and court and prison systems of
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“What makes an outlook “conservative’ is that it is rooted in an attitude about the past rather than in expectations of the future. The first principles of conservatism are propositions about human nature and the way human beings behave in
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From Angela Corey’s Checkered Past by Ian Tuttle in National Review: In June 2012, Alan Dershowitz, a well-known defense attorney who has been a professor at Harvard Law School for nearly half a century, criticized Corey for her affidavit in
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As much as we could wish otherwise the courts do often seem to vote in a political manner. The president’s power to appoint justices for life has impact far beyond his term in office. The SCOTUS review of Obama Care
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Investor’s Business Daily Thomas Sowell writes Obscure Court Decision Gives Government Sweeping Power, 3/26/12. Excerpt: Roscoe Filburn was an Ohio farmer who grew some wheat to feed his family and some farm animals. But the U.S. Department of Agriculture fined him
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The thinking behind making hate crimes a distinct but additional offense is that the violence perpetrated extends to more than just the direct victim. Criminals who commit act of violence because of a victim’s race, religion or sex attempt to
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I just saw HBO’s “Hot Coffee”. It is a 90 minute in depth analysis of individual cases on how we have compromised the effectiveness of our legal system. The lead story was about the elderly woman who was severely burned
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