Jamelle Bouie's counterintuitive recommendation would effectively eliminate constitutional limits on elected officials, including Trump and every demagogue who follows him.
An awful lot, but who's counting?
More often than you might think
Depends on who you ask.
From today's opinion by Justice Thomas, for the five more conservative members of the Court, in Franchise Tax Board v. Hyatt.
Following a Reason investigation into Chicago's punitive vehicle impound program, a new lawsuit alleges the practice violates Chicagoans constitutional rights.
Police Sicced a Dog on a Surrendering Man. Will the Supreme Court Review the Doctrine That Gave Them Immunity?
The ACLU wants the Supreme Court to revisit the notorious qualified immunity doctrine.
Q&A with the co-founder of Institute for Justice about immigration, his legal philosophy, his battles with Sheriff Joe Arpaio, and that tattoo.
Plus: Can sex workers ever trust Kamala Harris? Why do teens love Google Docs? And how is Tumblr faring without porn?
The alternatives suggested by defenders of the monument do not seem much better.
Plus: Silicon Valley is suspicious of media, Cory Booker calls for weed reform, and how to understand the "upper middle class"
Plus: A judge says Jeffrey Epstein case was mishandled, and Andrea Dworkin is making a comeback.
Bargaining over policy is supposed to be frustrating. That's a feature, not a bug, of limited government.
Last Year Saw 'Furthest-Reaching Attempt to Censor Online Speech' Since the 1990s, Say FOSTA Challengers
As the lawsuit against FOSTA hits appeals court, three essays about the law that everyone should read.
In a 5-4 decision, the Court issued a temporary stay of a Louisiana law that could put abortion doctors out of business.
Gun buyers, gay lovers, cannabis customers, and Yelp users are just a few of the groups that benefit from this federal law.
William Barr does not like legalization but says Congress has to resolve the "untenable" conflict between state and federal law.
A ballot initiative that took effect this week bans sales to adults younger than 21.
A federal lawsuit says the state is violating the Second Amendment by refusing to recognize the restoration of firearm rights by courts in other states.
Kansas Supreme Court Says Cops Can Search Your Home Without a Warrant If They Claim It Smells Like Pot
Cops supposedly smelled 25 grams of pot inside a plastic container inside a safe inside a closet 30 feet from a guy's doorstep.
In a case SCOTUS will hear next month, victims of Tennessee's protectionism argue that it flouts the 14th Amendment as well as the Commerce Clause.
Repudiating the 'Dual Sovereignty' Exception to the Double Jeopardy Clause Could Undermine the Federal War on Weed. Oh No!
The Supreme Court seems disinclined to overturn precedents allowing serial prosecutions of the same crime.
A Powerful Dissent Charges Judges Who Casually Uphold Magazine Restrictions With Disrespecting the Second Amendment
A 3rd Circuit judge says the decision approving New Jersey's 10-round limit treats the right to arms less seriously than other constitutional rights.
First Amendment Victory for Strip Club Gives New Jersey Businesses the Right to Advertise a BYOB Option
A federal judge overturns a state ban on telling customers they can bring their own beer or wine.
Constitutional law could be improved by taking account of the principle that "with great power, comes great responsibility."
Legal scholar Eric Segall argues originalism doesn't qualify as a constitutional theory because originalists disagree on too many things. His case is overstated. But if it's correct, the same criticism applies to living constitutionalism.
Living constitutionalists argue that their methodology allows us to improve constitutional law over time. But what if it actually makes it worse? Legal scholar Ernest Young raises that very question in an important new article.
Plus: Southern border will see more troops than Iraq, Syria.
Responses to my lead essay by legal scholars John Eastman and Gabriel Chin have now been posted, along with my rejoinders to them.
Supreme Court to Consider Tree Frogs, Liquor Licensing, Criminals With Dementia, and More This Fall: Reason Roundup
Plus: The Justice Department goes after "net neutrality" in California and SNL takes on Brett Kavanaugh.
The lead essay on this month's Cato Unbound is my article outlining why the text and original meaning of the Constitution do not give the the federal government any general power to restrict immigration. There will be responses by critics, and ongoing discussion until October.
Democrats Created a Birth-Control Banning Bogeyman Out of Brett Kavanaugh. Called Out, Kamala Harris Doubled Down
Harris and other Democrats distorted Kavanaugh's comments on birth control to portray him as a religious extremist.
The Supreme Court needs to have the power to overturn "settled" constitutional decisions in order to prevent the permanent entrenchment of terrible precedents.
Parents of school shooting victims lash out over Supreme Court nominee Brett Kavanaugh, but the more troubling responses are from U.S. senators.