All Posts Tagged With: "Fourteenth Amendment"
Guns, Privileges, and Immunities
Randy Barnett in the Wall Street Journal (subscription site) notes that while four of the Supreme Court’s five-justice majority upheld the right to keep and bear arms against the states on Fourteenth Amendment due-process grounds, Justice Clarence Thomas’s “concurring opinion rested solely on the Privileges or Immunities Clause. While agreeing ‘with the Court that the [...]
29Jun2010 | Sheldon Richman | 0 comments | ContinuedDos and Don’ts of Tort Reform
Five years ago a Florida jury somehow conjured up punitive damages of $145 billion for a class of tobacco plaintiffs. Two years later a California jury recommended a $28 billion treasure trove for a single claimant. And in 1998 four major cigarette companies agreed to the grandmother of all awards—a quarter-trillion-dollar settlement to reimburse the [...]
1May2005 | Robert A. Levy | 1 comment | ContinuedGrutter v. Bollinger: A Constitutional Embarrassment
“All animals are created equal—but some are more equal than others.” So goes the crucial line in George Orwell’s classic Animal Farm. The Supreme Court’s recent decision in Grutter v. Bollinger makes one think of that line, since it gives constitutional approval to the policies used at many colleges and universities that group applicants by [...]
1Nov2003 | George C. Leef | 0 comments | ContinuedThe Progressive Income Tax in U.S. History
America’s founders rejected the income tax entirely, but when they spoke of taxes they recognized the need for uniformity and equal protection to all citizens. “[A]ll duties, imposts and excises shall be uniform throughout the United States,” reads the U.S. Constitution. And 80 years later, in the same spirit, the Fourteenth Amendment promised “equal protection [...]
1May2003 | Burton W. Folsom Jr. | 43 comments | ContinuedCapital Letters
Is the State Needed for Defensive Force? To the Editor: Donald Boudreaux, in “The ‘A’ Word” (July 2001), says “it’s possible that even the best feasible stateless society will be worse than a society with a well-structured government constitutionally limited to protecting its citizens from violence and theft. But let the case be made.” I [...]
1Nov2001 | FEE Admin | 0 comments | ContinuedDoes Rape Violate the Commerce Clause?
Last spring the U.S. Supreme Court struck down as unconstitutional a key section of the 1994 Violence Against Women Act (VAWA). That section allowed a victim of rape or other violence “motivated by gender” to sue the perpetrator for civil damages in federal court for violating her civil rights. The act was part of the [...]
1Oct2000 | Wendy McElroy | 0 comments | ContinuedStates’ Rights and Freedom
To the Editor: Gene Healy represents a disturbing trend among some libertarians to nostalgically recall the good old days when states were bastions of freedom. Those days never existed; and as James Madison depicts them in Federalist No. 10, even at the founding they were such bastions of tyranny that a stronger national government was [...]
1Feb2000 | FEE Admin | 3 comments | Continued-
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