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

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

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.

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

[I]f we assume a liberty interest but nevertheless say that, even assuming a liberty interest, a state can prohibit it entirely, that would be rather a conundrum.

In any civilized society the most important task is achieving a proper balance between freedom and order. In wartime, reason and history both suggest that this balance shifts in favor... of the government's ability to deal with conditions that threaten the national well-being.

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