A New York attorney’s request for a physical fight over a legal claim raises a few archaic legal arguments over the long-dormant practice of a trial by combat.
The Ninth Amendment is a constitutional safety net intended to make clear that individuals have other fundamental rights, in addition to those listed in the First through Eighth Amendments.
Failure of the Constitution to mention a specific right does not mean that the government can abridge that right, but its protection has to be found elsewhere.
In the commentary, David W. Wise argues that the Senate filibuster, in all its forms, is unconstitutional.
In this commentary, Clark Neily from the Institute For Justice argues that Supreme Court Justice Antonin Scalia is off base in his claims that judges who want an active role in protecting individual liberty are authoritarian arbiters of morality.