Technology Slice Blog

15th Amendment - The federal judiciary has had a chip on its shoulder ever since Alexander Hamilton described it as the “weakest of the three departments of power.” From Marbury v. Madison and McCulloch v. Maryland through to its present day progeny, federal judges consistently misinterpret the Constitution and misinterpret the powers assigned to them therein. In fact, for decades the district courts, courts of appeal, and the Supreme Court have gone out of their way to show that they can obliterate the Constitution just as powerfully as their sister branches. One of the latest examples of the federal courts’ disregard for the black letter of Constitutional law is found in the Ninth Circuit Court of Appeals’ decision in the case of Gonzalez v. Arizona (2010). Handed down in October of this year, the reasoning set forth in the majority opinion written by Judge Sandra S. Ikuta is remarkably unsound, especially so in light of the concurrence of former Supreme Court Justice Sandra Day O...