Tag Archives: constitution
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 […]
The Proposed “Ad Tax” Would be Unconstitutional Under Central Hudson
[This post originally appeared here on The Hill’s Opinion Blog on August 4, 2017.] Fox News and CNN have something in common: they both rely on advertising to promote their journalistic messages and to help generate revenue needed to carry out their missions. Historically, the expenses associated with such advertising have not been subject to […]
Intergovernmental Evidence-Sharing Isn’t Caring: Discussing a Return to General Warrants
Intergovernmental evidence-sharing ignores that the Warrant Clause does not empower the government to seize property merely to search for evidence and is therefore tantamount to a fishing expedition that converts the particularized warrants demanded by the Fourth Amendment into the very “general warrants” the provision was understood to prevent.
The Dangers of Democracy: Human Rights and Majoritarianism
Introduction Last week, on December 15, we celebrated the 225th anniversary of the ratification of the Bill of Rights. While many Americans find good reason to celebrate the first ten amendments to the Constitution, not as many pause to appreciate that it is the amendments’ anti-democratic character that makes them so effective. Democracy, after all, […]
A Winter Reading List
I can happily say this whirlwind of a semester contained plenty of great reading. One of my classes, Recent Books on the Constitution, assigned a new book every other week – so it was a great way to keep up with interesting work. Despite my valiant efforts, new book releases outpaced my reading capabilities and continued to hit […]
Least Dangerous Blog 