The Great John Marshall, Part 3

There has been a effort in the law schools—and at times in the Supreme Court—to appropriate Marshall as a model for liberal activism.

Must the Federal Government Honor an "Equal Protection" Rule?

Does the Constitution require the federal government to afford “equal protection of the laws?” At first glance at the Constitution’s text, it would appear not. There is no general Equal Protection Clause in the Constitution applying to the federal government—although there are a lot of clauses requiring equal treatment in specific situations. The Equal Protection […]