How the New York Bill of Rights Helped Lead to the U.S. Bill of Rights
John Lansing, Jr. used the New York Bill of Rights as one basis for the proposed constitutional amendments drafted by James Madison.
Understanding the Constitution: Why it doesn’t protect the unborn
As Justice Samuel Alito pointed out in Dobbs v. Jackson Women’s Health (pdf)—and as the late, great Justice Antonin Scalia said repeatedly—the Fifth and 14th Amendment Due Process Clauses really have nothing to do with abortion.
Understanding the Constitution: the 14th Amendment: Part I
This two-part essay is a primer on the longest amendment ever adopted—the 14th.
Judicial oligarchy is the wrong way to decide abortion policy
On abortion policy America has ceased to be a democracy and has become a judicial oligarchy.
What does “Due Process of Law” mean? Hint: SCOTUS had it wrong: It’s irrelevant to same-sex marriage
Note: An earlier version of this article appeared in The American Thinker. The Fifth and Fourteenth amendments to the Constitution each has a Due Process Clause. The Fifth Amendment Due Process Clause prohibited the federal government from depriving any person of “life, liberty, or property without due process of law.” The Fourteenth Amendment extended that […]
Federalism (“States’ Rights”) Get Short Shrift in Colorado Judicial Exhibit
I recently visited the new Ralph Carr Colorado Judicial Center—the huge and incredibly expensive building complex that now houses the Colorado Supreme Court and Court of Appeals. But even after spending $258 million, they couldn’t get one sign right. An exhibit there has the worthy purpose of educating the public about the rule of law. […]
NRA Brief in McDonald v. Chicago
Originally published on Volokh.com Last night, Orin noted the filing of the Petitioner’s brief in McDonald v. Chicago, the case that will decide whether the 14th Amendment makes the 2d Amendment applicable to state and local governments. As Orin noted, that brief is almost entirely devoted to incorporation under the Privileges or Immunities clause. It directly […]
Second Circuit Rules in Favor of Firearms Dealers on Procedural Due Process
Originally published on Volokh.com Spinelli v. City of New York was decided on August 7, by Judges Calabresi and Walker. Judge Sotomayor had been on the panel, but did not participate in the decision, due to her elevation to the Supreme Court. Angela Spinelli had been doing business a licensed firearms dealer in the Bronx for […]
