The Court is most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in the language or design of the Constitution.
The 1st Amendment protects the right to speak, not the right to spend.
To exclude all jurors who would be in the slightest way affected by the prospect of the death penalty would be to deprive the defendant of the impartial jury to which he or she is entitled under the law.
Maintaining order in the classrooms has never been easy and it is evident that the school setting requires some easing of the restrictions to which searches by public authorities are ordinarily subject.
The risk of racial prejudice infecting a capital sentencing proceeding is especially serious in light of the complete finality of the death sentence.
We're the only branch of government that explains itself in writing every time it makes a decision.
The law is constantly based on notions of morality, and if all laws representing essentially moral choices are to be invalidated under the due process clause, the courts will be very busy indeed.
Where the suspect poses no immediate threat to the officer and no threat to others, the harm resulting from the failing to apprehend him does not justify the use of deadly force to do so.
For un-subscribe please check the mail footer.