bill of rights

Eugene Volokh on Harris v. Quinn

Eugene Volokh argues against Monday’s decision in Harris v. Quinn and “The bedrock principle that, except perhaps in the rarest of circumstances, no person … may be compelled to subsidize speech by a third party that he or she does not wish to support”: But what I don’t see is why there should be any First Amendment problem here…

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Conservatives need to support trial by jury, too

Although I’ve often criticized the constitutional tone-deafness of “progressives,” conservatives can sometimes exhibit such tendencies as well. Over atThe Seventh Amendment Advocate, Andy Cochran points out why trial by jury in civil cases—as guaranteed by the Seventh Amendment—is important, and how some conservatives disregard it. The problem arises because when constituency politics often trumps principle. Just…

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Suit Goes To Bat For Future Taxpayers [1986]

"A lawsuit supported by the National Taxpayers Union and two state attorney generals has been filed on behalf of 60 million children, charging that deficit spending benefits today`s adults at the expense of youth who will have to bear the future burden. The novel suit names Treasury Secretary James Baker as the defendant, and it seeks to enjoin Baker from issuing any new instruments of federal debt except in certain instances and to compel the establishment of a schedule to reduce the deficit. It also argued that by forcing children to assume responsibility of debts now incurred by fiscally irresponsible adults, children are being denied equal protection of the laws under the 5th Amendment." Continue reading →

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Necessary and Proper Clause in an Establishment Clause case

I’m pleased to report that this past week the brilliant Justice Clarence Thomas cited my work on the Necessary and Proper Clause in his concurring opinion in Town of Greece v. Galloway, an Establishment Clause case that received wide publicity. This was the thirteenth citation in the third Supreme Court case in the past 11 months.…

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Tell President Obama to Support Warrants for Email Spying

"The IRS, FBI, DEA, and even local law enforcement can access your stored emails, private social media messages, and cloud documents, without a warrant. Bills to reform ECPA have gained huge support in recent months from both parties in Congress. But... A power grab by the Securities and Exchange Commission is now blocking this legislation. They want a special carve-out so regulatory agencies can continue to access your documents without a warrant. This would neuter ECPA reform. The SEC did NOTHING to stop Bernie Madoff, even when they had legally acquired evidence. Shouldn't they first demonstrate more ability to use legal evidence before asking for illegal sources?" Continue reading →

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