The 'wall of separation between church and state' is a metaphor based on bad history, a metaphor which has proved useless as a guide to judging. It should be frankly and explicitly abandoned.

The "wall of separation between church and State" is a metaphor based on bad history.

I may not be able to define pornography but I know it when I see it.

The laws will not be silent in time of war but they'll speak with a somewhat different voice.

The Constitution requires that Congress treat similarly situated persons similarly, not that it engages in gestures of superficial equality.

What many of those who oppose the use of juries in civil trials seem to ignore is that the founders of our Nation considered the right of trial by jury in civil cases an important bulwark against tyranny and corruption, a safeguard too precious to be left to the whim of the sovereign, or, it might be added, to that of the judiciary.

We start with first principles. The Constitution creates a Federal Government of enumerated powers.