My Quick Take: Originalism Makes an Appearance in a Scalia-less Court

One of the more interesting outcomes at this point of the Supreme Court’s term, with the recently departed Antonin Scalia leaving the Court evenly split ideologically, is the opinion in Evenwel v. Abbott. The Court ruled 8-0, affirming the lower court’s ruling,


Freedoms Allow Discrimination, Even Against You!


My Quick Take: The Take Care Clause Disputes


The Incentives of Policing: How the Police Power Persecutes Innocence

If there is one thing often emphasized by economist it is this simple principle: Incentives matter. This two-word mantra guides policy for better or for worse and not just in financial matters but in legal matters as well. Criminal law dampens



Overinclusivity, Liberty, and the Fallacy of Safety

Overinclusive restrictions on liberty often punish innocence and exacerbate the problems that they attempt to cure. John Adams, a defense attorney, Constitutional scholar, and one of the drafters of the Declaration of Independence once famously said, “It is more important that innocence


Top Gear and Free Speech In Argentina


Constitutionally Protected: the Marketplace of Political Ideas



[Warning: contains guarantees of freedom]

Constitutional Problems in Utah Voting Law

[Warning: above picture contains guarantees of freedom] Utah is a special place. It boasts a beautiful, diverse landscape; a decent economy; and a strange populace (I know – I lived there most of my life and remain strange).  Most of


Federal Appellate Court Declares Metadata Collection Illegal

“[W]e hold that the text of § 215 cannot bear the weight the government asks us to assign to it, and that it does not authorize the telephone metadata program. “ The Second Circuit Court of Appeals struck down the



Toasters and Campaign Finance Law

Those most hurt by campaign finance laws are the tax payers whose funds are appropriated by incumbents to garner votes and challengers up against the power of government wielded by incumbents. Whatever happened to that fun little toaster perk that


The Appearance of Corruption, Clinton and the Democratic Party

Hillary Clinton demonstrates that limiting campaign contributions, in an overbroad attempt to curb corruption and a misguided attempt to limit the appearance of corruption, fails to seriously address and recognize the reality of politics and the danger of government power.  For


Balking at Balkinization’s Explanation of King v. Burwell

It should not fall on the judiciary to rescue ill conceived and overreaching legislation, but instead should be resolved by the body that creates the law – the legislator. Despite a lot of interesting content on Prof. Balkins’ law blog Balkinization,


Deference is Activism

Judicial Deference is a Brand of Judicial Activism Evan Bernick at the Institute for Justice has spent considerable effort dispelling the “Dogma of Deference.” Deference is the idea that on questions of constitutional law the Supreme Court should give deference


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