Posts Tagged ‘constitutional law’

More on that wacky New Mexico environmental ordinance

We ran a post recently on how Mora County, New Mexico, had somehow passed an ordinance purporting to enact various fringy environmental theories (legal rights for natural landscape features like wetlands, a ban on oil and gas extraction by incorporated businesses, declaring all water a public trust) while stripping away a variety of currently recognized constitutional rights, both for businesses and others. A judge proceeded to strike the ordinance down, but several of our readers wondered how such a law could ever have made it past the review of lawyers in the first place, assuming the county was advised by such. Now Joseph Bottum, at the Weekly Standard, digs much deeper into the back story of the ordinance with exactly such questions in mind. He also explores the secessionist/insurrectionist tendencies implicit in the ordinance’s rejection of the supremacy or even authority of higher levels of government. It’s quite a story.

Supreme Court and constitutional law roundup

  • Should a sock used to hold pills count as “drug paraphernalia?” [NPR via Jeffrey Miron on Supreme Court case]
  • Michael Greve: on Medicaid spending-forcing suits, behold the Obama administration taking the correct stance, U.S. Chamber the wrong [Liberty and Law, more]
  • No, the justices don’t just use religious freedom cases to advance their own beliefs [Eugene Volokh]
  • Can/should the courts correct misconduct by the EEOC in dealings with employers during the “conciliation” phase before litigation? [Robert Barnes/Washington Post, Julie Goldscheid/SCOTUSBlog, Michael Greve on oral argument in Mach Mining v. EEOC]
  • Decision in Dart Cherokee case rejects presumption against removal of class actions [Richard Samp and M.C. Sungaila, WLF]
  • When if ever may the President properly sign legislation he believes to be in part unconstitutional? [Will Baude]
  • Most Justices have had little practical exposure to criminal law which can leave it a blind spot for them [Radley Balko]

“Shall guarantee to every State …a Republican Form of Government”

No, the Constitution’s Article 4, Section 4 “Republican form of government” clause doesn’t forbid the voters of Colorado from enacting a ballot measure (the “Taxpayer Bill of Rights,” or TABOR) that bars representatives from raising taxes without permission of a popular plebiscite [Ilya Shapiro and Julio Colomba, Cato, SCOTUSBlog, earlier]

Damon Root, Overruled: The Long War for Control of the U.S. Supreme Court

On Monday I moderated a panel at Cato on Damon Root’s splendid new book on the long debate over judicial activism from the Civil War to the present (blurbs). Commenting were prominent legal journalist Jeffrey Rosen, president of the National Constitution Center in Philadelphia, and Roger Pilon, director of Cato’s Center for Constitutional Studies, whose work figures prominently in the book. From the description:

What is the proper role of the Supreme Court under the Constitution? Should the Court be “active” or “restrained”? Or is that even the proper way to look at the question, however much we’ve heard it put that way for several decades now? In his new book, Damon Root traces this debate from the Constitution’s conception to the present. His central focus, however, is on the emergence of the modern libertarian approach, which cuts through the often sterile debate between liberals and conservatives and points to the Constitution itself by way of determining the proper role of the Court under it.

Next Monday at Cato: Damon Root on Overruled

If you’re in D.C., RSVP and register for Cato’s luncheon event on the publication of Damon Root’s Overruled: The Long War for Control of the U.S. Supreme Court. Description:

Featuring the author Damon Root, Senior Editor, OverruledDamonRootReason magazine and Reason.com; with comments by Jeffrey Rosen, Professor of Law, George Washington University, and President & CEO, National Constitution Center; and Roger Pilon, Vice President for Legal Affairs, Cato Institute, and Director, Cato Center for Constitutional Studies; moderated by Walter Olson, Senior Fellow, Cato Institute.

What is the proper role of the Supreme Court under the Constitution? Should the Court be “active” or “restrained”? Or is that even the proper way to look at the question, however much we’ve heard it put that way for several decades now? In his new book, Damon Root traces this debate from the Constitution’s conception to the present. His central focus, however, is on the emergence of the modern libertarian approach, which cuts through the often sterile debate between liberals and conservatives and points to the Constitution itself by way of determining the proper role of the Court under it. Please join us for a refreshing account of this recent history.

Food roundup

“Positive rights,” in one lesson

According to an international study, nations that announce a constitutional right to education have on average a lower caliber of schooling: “the relation between the strength of constitutional educational rights and the quality of education is negative and statistically significant.” [Sebastian Edwards and Alvaro Garcia Marin, National Bureau of Economic Research via Tyler Cowen]