- You don’t need to be a religious believer to think the Supreme Court should uphold the continued display of the Bladensburg war memorial cross [George Will/syndicated, Eugene “Jesse” Nash IV and Victoria Gomes-Boronat, Capital News Service] Cato filed a brief in the case [Ilya Shapiro, Trevor Burrus, Patrick Moran, and Michael Finch on The American Legion v. American Humanist Association]
- “The Second Amendment In The New Supreme Court” [Federalist Society conference with Renee Lerner, Stephen Halbrook, Mark W. Smith, and others; Halbrook on the Court’s decision to hear New York State Rifle and Pistol Association Inc. v. City of New York, earlier on which] Map of state changes liberalizing concealed carry law since 1986 [Eugene Volokh]
- In the spirit of balance, here’s a more cheerful and positive view of an Article V convention than the one I take [Paul Starobin, American Affairs Journal]
- “Bruno Leoni and the Search for Certainty in Law” [Alberto Mingardi, Law and Liberty]
- Oregon carbon emission credit system falls more heavily on out-of-state than on in-state suppliers, and the Dormant Commerce Clause has something to say about that [Ilya Shapiro on Cato cert amicus brief in American Fuel & Petroleum Manufacturers v. O’Keeffe]
- Would a wealth tax be constitutional? [Richard Epstein, Hoover]
Filed under: Article V, constitutional law, guns, Oregon, religious liberty, taxes
3 Comments
Regarding the cross–the thing’s been up there forever, and the courts are getting into the weeds about bushes etc. Ridiculous. The Supreme Court should have given the Fourth Circuit a summary reversal with a short opinion:
The Fourth Circuit believed that the work of those who have long since passed away should be undone because some people deemed themselves offended. Federal courts should only order the drastic remedy of removal in very limited circumstances. No one at the time of the building of this monument thought it illegal–that’s enough to let it stand, in perpetuity. The Fourth Circuit is Reversed.”
… a plain, honest reading of the 1st Amendment says “Congress shall make no law…”.
Did Congress make any law regarding the Bladensburg Cross ?? No !
Thus the “Constitutional” issue is easily resolved.
Of course, the US Constitution text long ago ceased being the definitive source of Federal law. Mystical penumbras divined by medieval-robed SCOTUS priests now dominate.
SCOTUS has independently amended the Constitution hundreds of times.
Epstein’s article is great reading. Thx for posting.