Category Democracy

Justice Don Willett’s Uncontroversial Commitment to the Constitution

The 1905 Supreme Court case Lochner v. New York has long been a lightning rod for the claim that unelected judges have no place in our Constitutional system striking down laws purporting to ensure public health and safety. The periled precedent played its part this week as UT Law student Noah Horwitz dutifully deployed it against […]

Taxation Tuesday: Don’t Try to Pass a Wealth Tax

Good morning; let’s talk about tax policy!  One of the ways Senator Bernie Sanders has offered to finance his suggested health care plan is a wealth tax. A wealth tax does what it says on the box: taxes assets, as opposed to our current tax structure, which taxes income. This is far from the first […]

What Unites Us?

Reflections on division in the United States.

Joe Arpaio, Thug Life

“Know, then, that now, precisely now, these people are more certain than ever before that they are completely free, and at the same time they themselves have brought us their freedom and obediently laid it at our feet…they have finally overcome freedom, and have done so in order to make people happy.” – The Brothers […]

House Member Chaffetz Wants You To Buy Him A House

Retiring Congressman Jason Chaffetz announced, on his way out the door, that he believes Congress should provide themselves a $2,500 housing allowance, in order to better cope with the obnoxious cost of DC accommodations. Since congressmen maintain a residence in the District in addition to their household commitments back home, the logic goes, the excessive […]

The Ratings Are Through the Roof!

Marco Polo describes a bridge, stone by stone. “But which is the stone that supports the bridge?” Kublai Khan asks. “The bridge is not supported by one stone or another,” Marco answers, “but by the line of the arch that they form.” Kublai Khan remains silent, reflecting. Then he adds: “Why do you speak to […]

The Privilege or Immunities Clause, Originalism, and Gender Equality

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States . . . . U.S. Const., amend. XIV In 1873, in The Slaughter-House Cases and Bradwell v. Illinois, the Supreme Court took a sledgehammer to the idea that the Privileges or Immunities Clause of […]

David Hume, Rubber Stamps, and Cognitive Inequality

[Today we welcome our colleague Reilly Stephens as our newest contributor here at LDB. Our agreement with him states that he will be providing insight and analysis of law, politics, and whatever else we demand, except for modern interpretive dance and ERISA, about which he knows nothing…he was particular about those last two for some […]

For the Love of God, Stop

You don’t like the fact that Donald Trump won the election. I get it, believe me. You dislike him, bigly. To you, his occupying the White House is “sad!” But here’s the deal. Every time you freak out about a non-story, or pump the most recent wild-eyed conspiracy, the only person you hurt is you. Your […]

The Rule of Law as a Law of Rules – Reading Justice Scalia on His 81st Birthday

Justice Scalia, who passed away a year ago last month, would have been 81 yesterday. Re-reading a number of his opinions while doing some research yesterday – Morrison v. Olson and United States v. Santos being among the best that I was reviewing – I was reminded again of how compelling his writing was. More […]