“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.”
The Supreme Court’s decision yesterday in McCutcheon v. FEC (invalidating aggregate campaign contribution limits under the First Amendment) has little of originalist interest. Chief Justice Roberts’ plurality (for himself and Justices Scalia, Kennedy and...
At SCOTUSBlog, Lyle Denniston on the oral argument in Town of Greece v. Galloway: Marsh’s Demise? Or Its Renewal? From the introduction: If Justice Anthony M. Kennedy was serious that history might not be enough to justify prayers to open government meetings,...
When the feds tell you they want to protect your rights, watch out! In all likelihood, that means they plan to strip some of your rights away and expand their own power. Case in point, a “shield law” for journalists currently the subject of congressional...
The firestorm commenced by the revelation of the execution of a search warrant on the personal email server of my Fox News colleague James Rosen continues to rage, and the conflagration engulfing the First Amendment continues to burn; and it is the Department of...