Scholarly Articles
Economic Liberty
One Test, Two Standards
Most of us have a drawer or a closest in our home where we put things that are not important enough to have their own place but are not quite worthless enough to throw away…
Economic Liberty
No Such Thing
The original legal definition of insanity is the inability to tell right from wrong.1 So it is the first irony of the “rational” basis test that it is, according to that definition, insane. The word…
Educational Choice
The Past Should Not Shackle the Present
In Zelman v. Simmons-Harris, the Supreme Court ruled that school voucher programs in which parents choose which schools, including religiously affiliated schools, their children attend do not violate the First Amendment’s Establishment Clause. The consequences…
Other
Judicial Abdication and the Rise of Special Interests
Interest group politics is a problem that has plagued American government since the nation was founded. The Constitution itself was drafted and adopted in large part because of the intractable problems that interest group politics,…