Bill of Rights makes us freest nation

The Bill of Rights has helped create what is arguably the freest enduring society in history. It wasn’t always that way. The original Constitution didn’t have a Bill of Rights. Once the Bill of Rights was added, it didn’t apply for a century to state governments. As recently as 90 years ago, no one had

Bill of Rights – Well-heeled win today’s First Amendment disputes

Today’s conservative Roberts Court is a bastion of First Amendment freedom as was the liberal Warren Court half a century ago. But the winners are different. Establishment insiders win today whereas outsiders won most often during the Warren years. On its 200th birthday in 1991, the First Amendment had developed into a powerful shield against

Is there a right to privacy in the Constitution?

The most important words in the 14th Amendment of 1868 – maybe in the entire Constitution – say no state shall “deprive any person of life, liberty, or property, without due process of law, nor deny any person…the equal protection of the laws.” These promises of liberty, due process and equality eventually remade the country,

Originalism vs. a living Constitution

Is the Constitution dead or alive?  The late Justice Antonin Scalia, long the chief advocate of originalism on the Supreme Court, was unequivocal. “The constitution that I interpret is not living but dead,” he said in a 2008 speech.  His counterpart, the late Justice William J. Brennan Jr., intellectual leader of the Warren Court, was

The Gateway Pundit says he’s the one being defamed

The Gateway Pundit, the far-right conspiracy theorist who is the target of a high-profile defamation case in the St. Louis Circuit Court, is attempting to turn the tables on his accusers.     On Jan. 16, lawyers for The Gateway Pundit filed a counterclaim against two Georgia poll workers, Ruby Freeman and daughter Wandrea “Shaye” Moss, who