Judicial review, properly conceived, is merely one method among many by which judges resolve legal conflicts.
LAW
The Tyranny of Eminent Domain
Should the government be able to use its power of eminent domain to seize property from one private party and transfer it to another?
Professor Ward Churchill, The First Amendment and Free Speech on Campus
Because the comments he made shortly after September 11 have come to light, obscene comments in which he vilifies the World Trade Center victims as "little Eichmanns" and lauds their killers as "humanitarians," Professor Ward Churchill has resigned as chairman of the...
Public Power, Private Gain: The Abuse of Eminent Domain
the public – things like roads, water systems and public buildings. Times have changed.
Are We a Republic or a Democracy?
The framers gave us a Constitution that is replete with undemocratic mechanisms.
PC Empowerment: Empowering Women By Leaving Them Defenseless
George Mason University is dedicated to empowering women. Take, for example, the "Turn Off the Violence Week" event that ran October 3rd-9th. The event, like similar events offered on college campus throughout the country, was a partnership between Mason's women's...
Unicorns, Jedi, and Plastic Guns
During the recent vice presidential debate, Senator Edwards criticized Vice President Cheney for voting "against banning plastic weapons that can pass through metal detectors." The ban to which Edwards was referring was the Undetectable Firearms Act of 1988. Cheney...
American Despotism: Emasculation of the American Constitution
No one’s private property is safe because what’s a public benefit is subject to wide interpretation.
A Conspiracy Theory: Bush Contracts
See if you can guess which stock I'm talking about. This stock topped out in early January at 75. It steadily declined all year, hitting bottom at 49 on Aug. 12. After that, it rallied magnificently. On Monday it was trading at 65. Then something very strange...
Kerry’s Demand for Censorship
John Kerry has gained control of the Bush campaign and has, psychologically and strategically if not yet literally, won the presidential election. While Kerry's own party systematically decimates Bush's competence and character for daring to actually use military...
Drug War Crimes: The Consequences of Prohibition
"In the United States, there are now more than 318,000 people behind bars for violations of drug prohibition, more than the number of persons incarcerated for all crimes in the United Kingdom, France, Germany, Italy and Spain combined," writes Jeffrey A. Miron,...
The Injustice of the Insider Trading Laws
Martha Stewart is an enormously productive businesswoman caught up in a network of immoral laws. It is far more just to repeal the laws than to punish one who obstructed an investigation that was wrongful from its inception.
Ban on “Partial-Birth” Abortion Violates Women’s Rights
“Fetal Rights” are a gimmick to destroy a woman’s individual rights.
Assisted Suicide: A Moral Right
If a doctor is willing to assist in the suicide, based on an objective assessment of his patient’s mental and physical state, and on objective evidence of his patient’s consent, the law should not stand in his way.
Judicial Activism and Crime: Half a Century After Brown, Part 3
Although Brown v. Board of Education dealt with race and with schools, its judicial philosophy spread rapidly to issues having nothing to do with race or schools. In the half century since Brown, judges at all levels have become unelected legislators imposing the...
The U.N. Convention Against Transnational Organized Crime: Disaster for America
The United Nations threatens to chip yet again from America's Constitution and its system of individual rights, as a 2000 treaty aimed at combating crime on the global level has reared its menacing head in the Senate Foreign Relations Committee. The U.N. Convention...
The People Who Brought You the Weekend
Another bumpersticker for you: "The Labor Movement--The People Who Brought You the Weekend." Not quite. Improved working conditions don't happen because a compassionate President signs them into law. If any given law would harm significant sectors of the economy, no...
Counting the Costs of Government Regulation of Land Development
A dispute about how tall the city of San Mateo, California, will allow buildings to be built may seem like a completely local problem that no one outside of San Mateo should care about. But the principle involved touches everyone from coast to coast, on issues having...
The Purpose of an Iraqi Constitution
On December 15, 1791, 212 years ago, the American Bill of Rights was ratified. Thus ended a long and difficult process by which the American people first liberated themselves from tyranny and then established the first government in history founded on individual...
Private Property and the Iraqi Constitution
Official US support of such a system of governance reflects how far we have strayed from our Founding Father’s principle; the absolute protection of private property.
A Culture of Conspiracy: Apocalyptic Visions in Contemporary America
Some people believe in the lost continent of Atlantis and in unidentified flying objects (UFOs). Others worry about an 18th-century secret society called the Bavarian Illuminati or a mythical Zionist-Occupied Government secretly running the United States. What if...
Constitutional Amendment to Ban Gay Marriage
"The family enjoys the protection of the state. Marriage is based on the free consent of the woman and the man; the spouses are completely equal in their family relations." This sounds much like an initial draft of a constitutional amendment for the United States...
The U.S. Supreme Court Against the Constitution
Lawlessness usually conjures up images of a wild frontier or mobs in the streets. But the painful reality is that the supreme examples of lawlessness in our times are in the august and sedate chambers of the Supreme Court of the United States. If you think the issue...
Ignorant About the American Constitution?
I'd like to enlist the services of my fellow Americans with a bit of detective work. Let's start off with hard evidence. The Federalist Papers were a set of documents written by John Jay, Alexander Hamilton and James Madison to persuade the 13 states to ratify the...
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