Textualism is not Strict Constructionism is not Originalism
As President Donald Trump prepares to appoint a second Supreme Court justice, the national dialogue has been saturated with gossip over what judicial philosophy the next nominee might bring to the bench. For legal nerds, SCOTUS nominations are what the World Cup is to soccer fans: the one time everyone else cares about your passion. […]
The Crisis of Civic Illiteracy and Disengagement
For anyone remotely tuned-in to public dialogue on law and policy, the criticism that a proposed action is unconstitutional is a familiar one. But while some exclaim, “That’s unconstitutional!” others just as readily respond, “Who cares?” At least anecdotally, the honest answer to that question seems to be “some, but not others.” One may venture […]
The Papal Style in American Politics
“[T]here is no need to narrate actions that do not affect the truth of the history, if they are going to result in the discrediting of the hero.” —Don Quixote To mark the anniversary of last year’s election, Vice News interviewed a set of the president’s diehard fans to see how they felt things have […]
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 […]