Hollywood Needs to Get a Clue

As we rapidly approach June 23rd, the one year anniversary of the Supreme Court’s Kelo decision, this story made me pause and think about just how out of touch most Hollywood elites are with the rest of Americans.
Where was Hannah when Susette Kelo and her neighbors when they were evicted by the city of [...]

Hey, NY Times, Whatever Happened to the “Living Constitution?”

This morning the NY Times has suddenly abandoned its usual advocacy of a living constitution. Instead it wants politicians in the legislative and executive branches to be constrained by what the Constitution actually says regarding separation of powers:
The constitutional claims made by the Congressional leadership on the Jefferson case seem overblown. House and Senate members [...]

Eminent Folly

In the most recent outrage over the abusive use of eminent domain, the Village of North Hills in New York is attempting to seize a private golf course. Amazingly, the mayor of the town attempting this heist has said that the government should be able to take over the course simply because, if public, it [...]

Bigger Government Means Bigger Scandals

Former FEC chair Brad Smith has some good advice for Republicans, although I doubt they will take it:
…use this [Abramoff] scandal to cut the size of government. Go forward and make the case: “This, dear people, is what big government is. It is favors for special interests, unrestrained pork barrell spending, and a government so [...]

Giving Up Essential Liberty?

Like Matt, I am more than a little bit nervous about eavesdropping on domestic phone calls.
Nevertheless I had to laugh at this gotcha to both sides of the partisan debate.
Let us not forget the perspective of Ben Franklin:
They that can give up essential liberty to obtain a little temporary safety deserve neither liberty not safety..
You [...]

Happy Birthday Fourth Amendment!

On December 15, 1791, the Fourth Amendment to the United States Constitution was ratified. It read:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and [...]

Is Colorado sliding south to New Mexico?

I have heard rumors that nearly to 50 percent of Coloradoans believe in the tooth fairy. On November 1st they may overturn their state’s constitutional limits on taxing and spending via referenda C and D (mail in balloting has already begun). They believe that increased real, per capita spending will improve health care [...]

Why we don’t want a right to everything

Judge John Roberts has now been confirmed as the 17th chief justice of the US Supreme Court. Bushy is set to name another justice to fill the second vacancy any day (hour?) now. So it seems an appropriate time for another post on constitutionalism.
One of the themes Senator Biden sounded during the Roberts [...]

Down with the fair-weather constitutionalists

We’ve heard a lot of platitudes about the Constitution this week. My personal favorite was Joe Biden’s description of the document as “our civic bible.” Most politicians treat the Constitution as some sort of flag: An iconic and patriotic symbol to be revered. It is a convenient symbol for them, easily worked [...]

Constitutionalism and the Supreme Court

Readers of this page will know that constitutionalism is very near and dear to our hearts. Both Harry and I are products of George Mason University, an institution made famous by the pioneering work of Nobel Laureate James Buchanan on the political economy of constitutions. Buchanan’s life-long career might be described as an [...]

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