There Is A Constitutional Right to Privacy

The nomination of Brett Cavanaugh to the Supreme Court has raised a perennial issue to the forefront of political debate. Under question is the issue of the right to privacy. Cavanaugh has previously expressed support for the federal government’s metadata collection program, writing in an opinion, “in my view, the Government’s metadata collection program is entirely consistent with the Fourth Amendment.” His reasoning is not unusual: Kavanaugh considers seizure of data from third-party metadata providers…

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Re-establishing federalism starts with divorcing national politics from elections

If one believes that many of the shortcomings of today’s politics can ultimately be traced to the abandonment of federalist principles—as tends to typify certain strains of right-wing thought—then the trend in national elections, which primarily subjects candidates running for federal office to scrutiny by other elected officials rather than to the judgment of their constituents, should be an alarming one. It is perhaps telling that while many descry the influence of outside actors, particularly…

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How the death of federalism has affected understanding of the Bill of Rights

Debate over the Constitution has devolved over the past couple of centuries from an eloquent discourse, sometimes sophistic, to petty academic quibbling over whether emphasis on the Bill of Rights belongs to the powers denied the federal government or to those unenumerated and left in the hands of the states and people. The context of this latter position has been further obliterated since New Deal days as a shift in Constitutional interpretation has emphasized the…

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