It’s not just the Defense Department that is passing out free military equipment to local police. Since the early 1990s, the Justice Department has worked with the Pentagon to fund military technology for police departments. And then there are the billions of dollars’ worth of federal grants distributed by the Department of Homeland Security, enabling police departments to go on a veritable buying spree for highly questionable military-grade supplies better suited to the battlefield.Details
The annual Education Next survey is out, and its headliner is the Common Core. Unfortunately, it features basically the same incomplete, answer-skewing question it employed last year, and reports the same dubious finding of majority support. But even with that, the direction in which opinion has moved speaks volumes about the serious trouble the Core is in.Details
We’re operating in a topsy-turvy Sherwood Forest where instead of Robin Hood and his merry band of thieves stealing from the rich to feed the poor, you’ve got the government and its merry band of corporate thieves stealing from the poor to fatten the wallets of the rich.Details
National ‘Harmony’: An Inter-Branch Constitutional Principle and its Application to Diversity Jurisdiction
Jesse Cross (Independent) has posted National ‘Harmony’: An Inter-Branch Constitutional Principle and its Application to Diversity Jurisdiction (Nebraska Law Review, Vol. 93, p. 501, 2014, Forthcoming) on SSRN. Here is the abstract: Most constitutional interpretation continues, in the words of John Hart Ely, to be “clause-bound” in nature: it presumes that each constitutional clause can be studied…Details
The difference between what happened in Boston in the wake of the Boston Marathon explosion and what is happening now in Ferguson, Missouri, is not in the government’s response but in the community’s response.Details
On August 15, 2014, Texas Governor Rick Perry was indicted by a Travis County grand jury for allegedly misusing the veto power granted to him by the state constitution. And on August 15, 1787, it was that very power — the power of the executive to negate acts of the legislature — that occupied the delegates’ time at the Constitutional Convention in Philadelphia.Details
NOTE: In this letter to Albert Gallatin dated June 16, 1817, Thomas Jefferson discussed the General Welfare Clause after President Monroe had vetoed a bill for the improvement of the Cumberland Road. Monroe did not believe the work fell within the scope of the Clause.Details
According to the federal government, the Fourth Amendment contains a gaping loophole.
In fact, this loophole swallows up every word of the amendment, leaving a blank space in the Bill of Rights where privacy protections once resided.
They call it the “special needs doctrine.” It works likes this: the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated unless the government needs to.Details