A lengthy NYT article on the Tea Partiers — which Sam comments on below — does a good job of sheding light on what this movement is all about. The Tea Party is obviously one of the biggest topics in American politics right now. Their recent convention showed that they are here to stay for quite a bit. But how ... Read More
Drug incarcerations, prison overcrowding, and community corrections America’s prisons are overflowing. According to the Justice Department’s Bureau of Justice Statistics, in 2007 over 1.5 million people were imprisoned in state and federal jails, up from 320,000 in 1980. Twenty-five percent of current prisoners were convicted of drug crimes – possession and distribution – compared to just six percent in 1980. ... Read More
The Supreme Court’s decisions last term reveal a trend toward color-blindness Two cases decided by the Supreme Court earlier this year demonstrate an ongoing, if cautious, conservative march towards a new constitutional order with regards to race. In the case of Ricci v. Destefano, a divided Court ruled that it was unconstitutional to throw out the results of a promotion ... Read More
George Will worked himself into quite a lather today about a law review article by some visiting assistant law professor at Duke that argues that the principle of free speech might be subordinated to governmental interests in combating corruption and the distorting influences of wealth on the political process. No surprises here: Will is a leading opponent of campaign finance ... Read More
The future of gerrymandering after the 2010 census When Sen. Judd Gregg (R-N.H.) withdrew his nomination for commerce secretary in February, Republicans blamed the debacle on the White House’s alleged attempt to usurp control of the 2010 census, which rests with the Commerce Department. This short-lived controversy reminded us that while the census might be one of the least visible, ... Read More
The silly brouhahas that marked the weeks leading up to last year’s election have mostly been forgotten, but one might be on the verge of a comeback. Remember when the conservative punditry was screaming that Obama wants to redistribute wealth using the court system? Well, that old meme might be back, if Roger Kimball at Pajamas Media has anything to ... Read More
After Sen. Arlen Specter’s (D – Pa.) switch to the Democratic Party yesterday, I decided to check out a piece he wrote for The New York Review of Books, “The Need to Roll Back Presidential Power Grabs.” In the piece Specter details his plans to reintroduce legislation designed to limit executive power that failed to pass during the Bush administration. ... Read More
With all this talk about gay marriage, we eventually have to come to the question: Who decides? Who gets to say whether we will have gay marriage or not? And that question eventually becomes, Is it okay for courts to legalize gay marriage if legislatures won’t? Publius over at Obsidian Wings has some interesting thoughts on the matter. He claims ... Read More
In last summer’s issue, I predicted that the seemingly momentous gun-control case of D.C. v. Heller might turn out to be not such a big deal. I was mainly referring to the politics of the decision; it seemed likely to me that Heller would take gun-control off the table, so to speak, and lessen the danger that the issue poses ... Read More
I don’t know how many of you saw this interesting article in Politico yesterday about Nancy Pelosi and Harry Reid. For those who didn’t, the crucial paragraph is this: Senate Majority Leader Harry Reid (D.-Nev.) and his deputy, Majority Whip Richard Durbin (D.-Ill.) were called to Pelosi’s office late Thursday night and ultimately prevailed in their argument that Democrats should ... Read More
A new history of the disputed election of 1876
Rewriting the history of the Civil War
Creating precedent for the law The term “legislating from the bench” is frequently used but rarely explained. In the 2008 presidential debates Sen. John McCain (R-Ariz.) promised he would not appoint judges who legislate from the bench. But as Bruce Peabody, author of Legislating from the Bench, a Definition and a Defense, told the HPR, “I don’t think we can ... Read More
Obama and the conservative legal movement That a president would search for judges who are ideological allies is unsurprising, to say the least. Certainly we are used to the idea that this is how presidents behave when it comes toƒ their Supreme Court nominees. President Bush vetted his nominees to the federal courts of appeals “to find those who shared ... Read More
