Category: Constitution

Walter Williams, R.I.P.

by · Dec 2, 2020 2:56 pm

Walter Williams, Professor of Economics at George Mason University, died today at the age of 84. Donald Boudreaux, also as GMU economics professor, has this article in the WSJ:

For 40 years Walter was the heart and soul of George Mason’s unique Department of Economics. Our department unapologetically resists the trend of teaching economics as if it’s a guide for social engineers. This resistance reflects Walter’s commitment to liberal individualism and his belief that ordinary men and women deserve, as his friend Thomas Sowell puts it, “elbow room for themselves and a refuge from the rampaging presumptions of their ‘betters.’ ”

Professor Williams’s insights were not limited to economics. Although not a lawyer, he gave us the best, most concise description of the “living Constitution” view of constitutional law that I have ever heard.

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Severability

by · Nov 10, 2020 10:54 am

Severability is a question that comes up regularly in criminal cases. If one provision of a law is unconstitutional, should the whole law be declared void? In my view, the correct answer is nearly always no. Some years back, the New York Court of Appeals effectively abolished the death penalty in that state with a non-severability holding that, in my view, was clearly wrong.

Today’s Supreme Court arguments in the Obamacare cases, Texas v. California, No. 19-1019 and California v. Texas, No. 19-840, have nothing to do with criminal law, but they may produce an important precedent on severability. Continue reading . . .

Criminal Witch-Hunting

by · Jun 19, 2020 11:28 am

When does the present witch-hunt atmosphere cross the line from merely deplorable into criminal? A Vermont school board may have crossed the line. They have removed a school principal from her duties, put her on administrative leave, and stated a determination that “she will no longer lead our school.” That is, they have stated an intent to remove her from her position permanently. See this press release. And what was the principal’s offense that warranted this action? She posted on her personal Facebook page, not a school page, a statement refusing to grovel in front of the Black Lives Matter movement and endorse everything they do and demand. In my opinion, this is a crime under federal civil rights law, 18 U.S.C. § 242.

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Cross-Border Shooting Case Decided Today

by · Feb 25, 2020 3:50 pm

Today the U.S. Supreme Court held in Hernandez v. Mesa that the parents (citizens of Mexico) of a teenager (also a citizen of Mexico) who was shot and killed by a U.S. Border Patrol Agent on the Mexican side of the U.S.-Mexico border are prohibited from suing the agent for damages under the U.S. Constitution.

CJLF originally joined the case in 2017 to encourage a decision denying the lawsuit.  We argued that in a case involving relations between the U.S. and a foreign country, the judicial branch should not step in but should leave the matter to Congress.  CJLF’s amicus curiae brief in that case (Hernandez I) is available here.

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