Due process & targeted assassination

April 24, 2012

Tasked with helping draft a constitution for India after World War II, B. N. Rau traveled abroad speaking to jurists. In Washington, Supreme Court Justice Frankfurter advised Rau not to include a due process clause in the Indian Constitution. Instead India should have a clause simply requiring that no one be charged with a crime but by the law of the land. That was the meaning of the Magna Carta in 1215 which said:

 No freemen shall be taken or imprisoned … or in any way destroyed … except by the lawful judgment of his peers or by the law of the land.

 That meant Parliamentary supremacy. Whatever crimes and procedures the legislature defined were kosher. But there was no check on the legislature. Read the rest of this entry »


Public Health

April 23, 2012

As I write this, I just listened to another story about people who want to drink raw milk. When I was 11, recovering from an illness, my doctor, the chairman of pediatrics at a New York City hospital, told my parents to put me on raw milk – but specific milk medically supervised to make sure that it didn’t carry the botulism and other diseases that could have killed me quickly.

Let me make one other disclosure. I never met my sister. She died in 1927 at the age of three. I came along many years later. It was only in my generation that parents no longer expected to lose some of their children. So I have a foot and a heart in and an understanding of both worlds. Read the rest of this entry »


Environmental liability

April 10, 2012

Let me suggest a solution to the fracking problem. The self-styled energy companies want to draw natural gas out of the shale deposits deep below the earth’s surface. Environmentalists like myself believe that fracking will foul the drinking water, damaging a much more crucial resource than the gas they’ll extract.  We also think that if gas is so valuable, they wouldn’t be burning it off where it already comes up alongside oil wells. But that’s another story. Let’s stick to safety.  Read the rest of this entry »


Supreme Court Plays Guardian Counsel in the Health Care Argument

April 3, 2012

Let’s understand what that argument about the health insurance mandate was about. Everybody agreed that a single payer system would have been constitutionally OK. It would have been based on the taxing power. However toxic taxes are to the public, legally they are not particularly toxic. Everyone admits the taxing power is broad. Read the rest of this entry »


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