Depends What the Meaning of “Shall” Is

Depends What the Meaning of “Shall” Is

When is a constitutional right not absolute?  When is it best left to the discretion of politicians and their appointees to decide?  Well, to paraphrase a well-worn expression, it depends what the meaning of “shall” is.  Or the meaning of “may.” Petty tyrants are...

NSA: Pressing the Issue

While the fourth amendment was invoked by many interested parties during the recent heated debate about the NSA on Capitol Hill, it was not the only constitutional protection in play. We are all well aware that freedom of the press was so widely viewed by the founding...

This is Why We Have the 8th Amendment

We all know much about the first and second amendments in the Bill of Rights, and perhaps the fourth and/or fifth and/or tenth. But when was the last time you thought or heard about the Eighth Amendment? It states unambiguously: Excessive bail shall not be...