Earlier this year, the Supreme Court decided two significant cases regarding jury trial rights—Erlinger v. United States and SEC v. Jarkesy. Even though these cases arose under different amendments, Erlinger under the Sixth Amendment, guaranteeing the right to a jury trial “in all criminal proceedings[,]” and Jarkesy under the Seventh Amendment, guaranteeing the right to…

Core to American democracy is John Locke’s insight that the purpose of government is to preserve the people’s natural rights to life, liberty, and property. To accomplish this goal, a government must provide a “known and indifferent judge, with authority to determine all differences according to the established Law.” Locke specifically warned that “for every…

The Supreme Court deserves some additional praise for its decision resolving a circuit split on a fine point of administrative law in Corner Post from its most recent term. Without acknowledging as much, the majority in Corner Post affirmed an elementary proposition of moral and legal justice that had fallen by the wayside.    In one…

As James Madison famously observed, “[t]he accumulation of all powers legislative, executive, and judiciary in the same hands, whether one, a few or many, … may justly be pronounced the very definition of tyranny.” Federalist No. 47. Using that definition, the Environmental Protection Agency (“EPA”) is a tyrant, due in part to the poorly crafted…

The Roberts Court has an appetite for taking decades-old, unworkable, judge-made doctrines and injecting the Constitution into the fold. The Justices no longer turn a blind eye to unconstitutional “tests” in the name of stare decisis, thereby becoming complicit in weakening the Constitution, but rather scrutinize the decisions of their brethren through the lens of…

The SEC’s Climate Rule—And Other “Whole of Government” Assaults on Democracy The Securities and Exchanges Commission’s new climate-disclosure rule is just one small part of the Biden Administration’s sweeping “whole of government” climate campaign.[1] But the rule provides us a timely reminder of why these campaigns are, by definition, hostile to our constitutional order. The…