From Ian Millhiser, who derides “tenthers”, the folks who actually believe the 10th Amendment was designed as a meaningful check on the federal government.
More important, there is something fundamentally authoritarian about the tenther constitution. Social Security, Medicare, and health-care reform are all wildly popular, yet the tenther constitution would shackle our democracy and forbid Congress [...]

Two Hundred Twenty Two years ago in Philadelphia, the Constitution Convention in Philadelphia completed it’s work.
At the close of the Constitutional Convention in Philadelphia on September 18, 1787, a Mrs. Powel anxiously awaited the results, and as Benjamin Franklin emerged from the long task now finished, asked him directly: “Well Doctor, what have we got, [...]

“This court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is ‘actually’ innocent. Quite to the contrary, we have repeatedly left that question unresolved, while expressing considerable doubt that any claim [...]

Up to now I have purposely avoided this whole disorderly conduct arrest of Henry Louis Gates Jr. for a number of reasons.
First reason being that compared to the other cases I’ve written about here and elsewhere, this is a very minor case of police misconduct. I have yet to read or hear any reports [...]

So says Fox News Channel Legal Analyst, and former Judge, Andrew Napolitano:

Civil liberties attorney Harvey Silvergate agrees:
Under well-established First Amendment jurisprudence, what Gates said to Crowley–even assuming the worst–is fully constitutionally protected. After all, even “offensive” speech is covered by the First Amendment’s very broad umbrella
(…)
Today, the law recognizes only four exceptions to the First [...]

First a little humor in this Sprint Spoof from Reason.tv

Now Dr. Ron Paul’s prescription for reforming healthcare in America

It seems that most of the time the U.S. Supreme Court is divided 5-4 on what should be very basic Constitutional principles (such was the case I wrote about in my most recent post). But once in awhile, SCOTUS does the unthinkable and actually upholds the Constitution. In Safford Unified School District #1 et. al. [...]

Last week in District Attorney’s Office for the Third Judicial District et. al. v. Osborne the U.S. Supreme Court ruled 5-4 that convicts have no Constitutional right to DNA testing even if such testing would conclusively determine the guilt or innocence of the convict. In this particular case, William Osborne was willing to pay for [...]

The Sheriff whose deputies raided Berwyn Heights, MD mayor Cheye Calvo’s house predictably doesn’t think they did anything wrong. He said a lot of pretty despicable things in that article, but this one really bothers me:
“I’m sorry for the loss of their family pets,” Jackson said. “But this is the unfortunate result of the [...]

Read the news story here and reason’s coverage here. The video below is Lynch’s response:

While I’m not happy that Mr. Lynch is doing time for legally dispensing marijuana under California’s compassionate use law, he certainly could have received a much harsher sentence (up to 100 years). U.S. District Judge George Wu should be commended for [...]

This article in The Boston Globe about Sonia Sotomayor ought to delight “tough on crime” conservatives and cause great concern for civil libertarians of all stripes. Prosecutors and law enforcement organizations give her high marks for her “aggressiveness” both as a prosecutor and as a judge.
One quote from the article stood out and seems [...]

During the 2008 presidential campaign, an organization called Citizens United produced an anti-Hillary documentary called “Hillary: the Movie.” The movie was available on pay-per-view cable channels until the FEC pulled the plug claiming that the broadcast violated campaign finance law. The case, Citizens United v. Federal Elections Commission, is now being considered by the Supreme [...]

In a move very surprising to this veteran of far too many southern talk radio programs where I was the one condemning torture to a hostile audience, the Southern Baptist Convention’s Ethics and Religious Liberty Commission has just condemned torture.
“I don’t agree with the belief that we should use any means necessary to extract information,” [...]

Remember when we were told in the wake of the September 11th attacks that the extraordinary surveillance and investigative powers being granted to the Federal Government were intended solely to protect us from terrorist attacks ?
Well, perhaps someone can explain exactly how a 16 year-old in North Carolina constitutes a terrorist threat:
Oxford, N.C. — Sixteen-year-old [...]

For some time, the national libertarian community has been paying attention to the Free the Hops movement in Alabama.  A brief overview provides:
Of the Top 100 beers of the World at BeerAdvocate.com, a renowned beer review site, 98 cannot be sold in this state. Why is our choice so limited?
Currently, Alabama is one of [...]

Law Professor Randy Barnett thinks so:
In response to an unprecedented expansion of federal power, citizens have held hundreds of “tea party” rallies around the country, and various states are considering “sovereignty resolutions” invoking the Constitution’s Ninth and Tenth Amendments. For example, Michigan’s proposal urges “the federal government to halt its practice of imposing mandates upon [...]

I’ve written in the past about the case of Savanna Redding, a now 19 year-old woman who, when she was thirteen years old was strip-searched by officials at her Arizona school who were convinced that she was concealing a banned substance; Advil.
As it turned out, Savanna had no drugs on her, but the strip search [...]

This morning, the 9th circuit court of appeals confirmed that the 2nd amendment is indeed incorporated against the states under the selective incorporation doctrine, in the case Nordyke Vs. King.
This means that the 2nd amendment has a lawful status equivalent to that of the first, fourth, fifth, and other amendments which explicitly protect our fundamental [...]

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. – Amendment X – Powers of the States and People. Ratified 12/15/1791.
Texas Governor Rick Perry (R) in his support of HCR 50, a resolution reaffirming Texas’ Tenth [...]