Constitutional Law

Dispatches from the Creation Wars

Category archives for Constitutional Law

In their annual drive to pander to the hyper-emotional right, the House has yet again passed an amendment to ban flag burning. The award for the most shameless demagoguery so far: “Ask the men and women who stood on top of the (World) Trade Center,” said Rep. Randy (Duke) Cunningham, R-Calif. “Ask them and they…

Rehnquist Retirement Looks Imminent

Numerous websites are reporting that Chief Justice Rehnquist has informed the White House of his intent to retire at the end of this term. The Chicago Tribune is reporting that the White House has been busy interviewing potential nominees and quotes anonymous White House sources on the short list: The White House has focused on…

This morning’s Washington Post reports that advisers close to the White House think that the short list to replace Rehnquist on the court does not include Michael McConnell: White House officials have prepared for the prospect by culling long lists of possible candidates, poring through old cases and weighing a variety of factors from judicial…

John Dean (yes, that John Dean) has an interesting column at Findlaw about judicial activism. He argues what I have long argued, that the phrase has become virtually meaningless because it is thrown around so casually and without definition. He notes recent examples of liberal writers accusing conservative courts of judicial activism and conservative writers…

Balko on the 9th Amendment

Speaking of Ben Shapiro, who just published a book on the evils of pornography, Radley Balko says: While on the telly-vision, Ben apparently asked where in the Constitution it says you have the right to look at porn. Well, Ben, how about the First Amendment? If not there, then certainly in the Ninth. You remember…

More on Michael McConnell

The SCOTUSblog’s Supreme Court Nomination Blog has a profile of Judge Michael McConnell that sheds some light on some of his more prominent rulings. Included is a link to this letter by liberal constitutional scholar Cass Sunstein endorsing McConnell for the 10th circuit. Also this letter from 300 constitutional scholars, including dozens of liberal scholars,…

Balko on Raich

Radley Balko absolutely shreds a DePaul law prof’s support of the decision in Raich.

Andy Schlafly (any relation, I wonder?) has a column in the WorldNutDaily which claims that Michael McConnell is “hostile to conservative legal principles” and would be another David Souter, nominated as a conservative but moderate-liberal on the court. Seems like one more reason to support him in my book. If People for the American Way…

Krauthammer on Judicial Rulings

Charles Krauthammer has a column in the Post about the differences between Justice Scalia and Justice Thomas. In the process, he points out how easy it is for politicians and advocacy groups to distort judicial rulings and why you should never accept at face value that an opinion is wrong just because you or someone…

Patterico left a comment below that harkens back to a prior exchange we had on the subject of the legitimate exercise of authority by the government. I thought I’d move it up here in the hope that we could continue that discussion and others could jump in as well. Patterico writes: Where liberals have gone…