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‘We the Prisoners’: The Demise of the Fourth Amendment

“Our carceral state banishes American citizens to a gray wasteland far beyond the promises and protections the government grants its other citizens… When the doors finally close and one finds oneself facing banishment to the carceral state—the years, the walls, the rules, the guards, the inmates—reactions vary. Some experience an intense sickening feeling. Others, a strong desire ...

Economic Liberty and The Slaughterhouse Cases

Are economic rights and liberties among the “privileges or immunities” of citizenship protected by the Constitution’s Fourteenth Amendment? That was the simple question before the Supreme Court in the Slaughterhouse Cases, the opinion which is today almost uniformly denounced in the legal academy. Scholars of all political and interpretive commitments have come to reject Slaughterhouse as among the Court’s ...

It’s Not Just the Unborn Being Denied Rights Under the Constitution

“The unborn person doesn’t have constitutional rights.”—Hillary Clinton, Meet the Press (April 3, 2016) When presidential candidate Hillary Clinton declares that unborn babies do not have constitutional rights, she’s not just spouting partisan rhetoric in the heated national debate over abortion. She’s providing us with a glimpse into an increasingly troubling mindset among government officials who ...