Tag Archives: Constitutional Law

The Proposed “Ad Tax” Would be Unconstitutional Under Central Hudson

August 10, 2017 · by · in Constitutional Law, Economic Liberty, Executive Branch, First Amendment, First Impressions, First Takes, Legislation, Legislative Branch, Politics, Reform, Uncategorized

[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

July 11, 2017 · by · in Complex Litigation, Constitutional Law, criminal law, Reform

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.

GUEST POST: Charlie Eastaugh on Professional Consensus in 8th Amendment Interpretation

May 26, 2017 · by · in Constitutional Law, Scholarship

The following guest post is by a Twitter friend of the Least Dangerous Blog from across the pond, Charlie Eastaugh. Charlie is currently a Visiting Fellow at the University of Surrey (outside of London). Charlie graduated with a Ph.D. in U.S. Constitutional Law from the University of Surrey in 2016. The post contains some excerpts from […]

The Privilege or Immunities Clause, Originalism, and Gender Equality

May 24, 2017 · by · in Constitutional Law, Democracy, Economic Liberty, federalism, Feminism, Judiciary, Scholarship, Uncategorized

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

May 11, 2017 · by · in Constitutional Law, Culture, Democracy, Executive Branch, Judiciary, Media, Politics · 3 Comments

[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 […]