Tag Archives: U.S. Constitution
Thoughts – The History and Danger of Administrative Law
What is the history and danger of administrative law? This article focuses on what administrative law is and its history. It leverages the work of Philip Hamburger at Columbia Law School and his recent book “Is Administrative Law Unlawful?” There … Continue reading
Part 2 – What threats did The Federalist Papers and James Otis illuminate?
The main thrust of the Federalist Papers was to solidify the governance principles of separation of powers, insurance of proper checks and balances, and the value of Federalism. In addition, the arguments of James Otis against Writs of Assistance are … Continue reading
Part 2 – How did the U.S. Constitution become the U.S. Constitution?
The American Revolution was fought in the courts long before military actions took place at the battles of Lexington and Concord in 1775.(25) There are many notable events in the courts before military action occurred including the enactment of what … Continue reading
Part 1 – Dynamic Incorporation – Fourth Amendment Method of Interpretation
Among the numerous potential sources of legal content for the Fourth Amendment, one in particular has firm roots in the Amendment’s jurisprudence yet has been subject to very little scholarly analysis. That source is state law.(220) History of State Law … Continue reading
Part 1 – Originalism – Fourth Amendment Method of Interpretation
A new approach to the Fourth Amendment has recently sprouted in Supreme Court jurisprudence.(212) Perhaps reacting to the flexible and judge-centered social norms model, the more conservative Justices have attempted to develop a method that restrains judicial discretion and provides … Continue reading
Part 1 – Social Convention – Fourth Amendment Method of Interpretation
The dominant approach toward Fourth Amendment doctrine over the past half-century has centered on the notion of civil convention.(199) This is perhaps sensible, as the Fourth Amendment itself speaks in the language of reasonableness, and in the real world at … Continue reading
Part 1 – U.S. Constitution – Fourth Amendment of the Bill of Rights
Amendment IV(195) 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, … Continue reading
@The Heart of Big Brother 