The Perverse Penalties of Leper Lists
A federal appeals court finds little evidence that the burdens imposed by sex offender registries are justified.
Constitution
6th Circuit Says Mich. Sex Offender Registry Is Punitive and, Not Incidentally, Stupid
Concluding that retroactive application of the law is unconstitutional, the appeals court also questions its rationality.
Connecticut Makes it Hard for Poor Students to Escape Standard Public Schools; Sued Over Practice
Students Matter, the group behind California's Vergara suit, asserts laws making it harder for poor kids to get into magnet or charter schools violates a federal right to education.
George Will on the Limits of Majority Rule
"What we need is an engaged judiciary asserting the fact that the essence of America is not majority rule, it is liberty."
The One Civil Liberty Trump Likes and Clinton Hates
The billionaire blabbermouth is right about his Democratic opponent's hostility to gun rights.
Gary Johnson and the Promise of Libertarian Constitutionalism
Is the Constitution a libertarian document?
Ruling Allows Online Sex Solicitors to Argue 'She Said She Was 16'
The Minnesota Court of Appeals says due process requires allowing a mistake-of-age defense.
Delaware Supreme Court Rules Death Penalty Unconstitutional
Judges say death penalty violates 6th Amendment right to a jury
Why Trump Will Wreck the Constitution Worse Than Even Hillary
He has not a constitutional bone in his body
To Stop Terrorism, Trump Wants to Block Immigration From Most Countries
"I'm talking territory instead of Muslim," he says, but adds that the Constitution "doesn't necessarily give us the right to commit suicide."
Newt Gingrich's Response to Nice Terror Attack: Rip Up the Constitution
Former Speaker of the House wants to "test" anyone of "Muslim background" and criminalize the internet.
The ACLU Counts the Ways Trump Would Violate Civil Liberties
On immigration, surveillance, torture, and press freedom, Trump's ideas are not just bad-they're unconstitutional.
Obama on His Unauthorized War Against ISIS: I'm Not Hearing 'No'
The administration argues that Congress has implicitly consented to new military operations in Iraq and Syria.
Senator Mike Lee: Give More Power to Congress (and Take it Away from Federal Agencies)
The constitutional conservative has an ambitious plan to rebalance the separation of powers
Denver Man Sues, Says He Was Pressured To Confess To Murder at 14
Lawrence Rubin Montoya served more than 13 years in prison before his conviction was overturned.
The Second Amendment, the Bill of Rights, and the Constitution
What the historical evidence says about the Second Amendment and individual rights.
It's Pretty Clear Clinton Does Not Think Americans Have a Constitutional Right to Guns
The Democrats' choice for president refuses to say what the Second Amendment protects.
After Excusing Obama's Misdeeds, New York Times Now Attacks Trump for 'Bold Claims of Presidential Power'
The newspaper's uneven coverage of executive power abuse.
Cruz's Constitutionalism Trumps Trump's Trumpism
The Texas senator is the least scary major-party option.
The Individualist Constitution
Libertarian legal superstar Randy Barnett challenges conservative judicial orthodoxy.
Federal Judge Tells D.C. to Stop Demanding a 'Good Reason' for Carrying a Gun
A preliminary injunction upholds the Second Amendment right to armed self-defense outside the home.
Appeals Court Says the Second Amendment Protects Firearm Sales
The 9th Circuit reinstates a challenge to a California ordinance that blocked a gun store.
Oklahoma and Nebraska Try to Revive Their Challenge to Legal Pot in Colorado
The two states want to join appeals filed by landowners and sheriffs.
76-Year-Old Asks SCOTUS to Overturn Life Sentence for 37 Pot Plants
Lee Carroll Brooker, a victim of Alabama's habitual offender law, argues that his punishment violates the Eighth Amendment.
Why Merrick Garland Should NOT Be on the Supreme Court
Libertarian legal eagle Randy Barnett explains why Garland's deference to Congress is a deal breaker.
Are State Attorneys General Attacking Climate Change Critics Engaging in a Conspiracy?
Glenn Reynolds, the law professor behind Instapundit.com thinks so.
Sure Merrick Garland is Qualified But That's Not Enough
Randy Barnett of Georgetown University Law Center says we need to look beyond qualifications to judicial philosophy.
Randy Barnett: How To Secure Our Liberty Through "Our Republican Constitution"
The intellectual leader of the libertarian legal movement talks about Donald Trump, Ted Cruz, third parties, Merrick Garland, and how to roll back the state.
Donald Trump: Security, Health Care, and Education Top Three Roles for Federal Government
Your Republican frontrunner
Abortion Doctors in Alabama Don't Need Hospital Admitting Privileges
"Thousands of women per year" would be "unduly burdened" by the requirement, says a federal judge.
The Fourth Branch of Government is Out of Control
Regulators and other bureaucrats form a fourth branch of government with elements of the other three, but little public influence.
SCOTUS Turns Away Oklahoma and Nebraska's Challenge to Legal Pot in Colorado
Perturbed by smuggling, the two states had demanded an end to their neighbor's licensing and regulation of marijuana merchants.
Cruz's Constitutionalism Trumps Trump's Trumpism
Why the Texas senator is the least scary of the remaining major-party candidates
Obama Administration to Expand Unconstitutional Warrantless NSA Spying on Americans
The new surveillance rules have nothing to do with stopping terrorism.
Trump Is Right About Cruz's Presidential Eligibility
The meaning of "natural born citizen" remains unsettled.
Bans on Bondage and Spanking During Sex Could Be OK, Says Federal Court
Think states can't criminalize consensual BDSM activity? Think again.
Hints That SCOTUS May Overturn the Texas Abortion Law
Anthony Kennedy, the swing vote, suggests an "undue burden" on abortion rights can hinge on the strength of the state's justification.
If Trump Wins, Libertarian Legal Scholar Randy Barnett Wants a New Party
Says it will be time for an "American Constitution Party." Isn't it *always* time for an American Constitution Party?
Americans Have Always Been Obsessed With National Security
Since the beginning of the republic, nationalists have warned that because America is exceptional, it faces constant danger.
Scalia on Drugs
Cases involving drug prohibition reveal the late justice's fickle fidelity to the Fourth Amendment and federalism.
Scalia's Mixed Drug War Record
Drug cases show the late justice's fickle fidelity to the Fourth Amendment and federalism.
Justice Scalia Liked the Court. He Loved the Constitution.
Law students jokingly called him the pope of originalism, a phrase he loved.
Scalia's Liberal Tendencies
The late Supreme Court justice was inaccurately described as "authoritarian."
Lawsuit Says 'Scarlet Letter' Passports for Sex Offenders Are Unconstitutional
A new law imposes an international stigma on people who pose no threat to public safety.
