Archive | Constitutional Law RSS feed for this archive

What Is “Cruel and Unusual”?

Policy Review – Hoover Institution, December 1, 2005 The eighth amendment is a jurisprudential train wreck. Its proudly humane language banning “cruel and unusual punishments” may remain among the Bill of Rights’ most famous sound bites, but nobody today has the faintest clue what it means. The reason is as simple as it is sad: […]

Continue Reading →

Checks, Balances, and Wartime Detainees

Policy Review – Hoover Institution, April 1, 2005 The day the Supreme Court handed down what have collectively become known as the enemy combatant cases — June 28, 2004 — was both widely anticipated and widely received as a legal moment of truth for the Bush administration’s war on terrorism. The stakes could not have […]

Continue Reading →