The November 22 New York Times editorial titled “Our Constitutional Court” included the surprising observation that the Supreme Court "… rewrite[s] the terms it uses to fulfill the constitutional mission of limiting each branch of government. Redefining itself as a constitutional court, this court seems limited only by limits it opts to recognize."
Amidst the understandable furor over the TSA’s current systematic violation of the Fourth Amendment rights of American citizens, an aspect of the crisis at the nation’s airports that has not received as much attention is federal culpability in what may be a sharp increase in traffic fatalities. As Americans turn away from the nation’s clogged airports and invasive, unwarranted searches of their persons and property that are coming to characterize air travel, those same citizens will now face a heightened risk of bodily harm or death on the road.
Lately, even many soi-disant conservatives are calling for the drafting of a new constitution. Many believe that the government that has developed from the matrix established by our Founding Fathers has encroached too far into the sovereignty of the states and the people and will never retreat, no matter how fierce the battle waged by zealous constitutionalists. Proponents of this solution advocate the calling of an Article V convention for the purpose of restoring balance to the federal system that has proven so fertile to the growth of big government. The Constitution of 1787 delenda est! they cry.
On November 16, the Supreme Court of New Jersey held that a committee seeking to recall Senator Robert Menendez in advance of the end of his term may not proceed.
In a 4-2 decision, the state's highest court ruled that a constitutional amendment passed in 1993 (along with state laws promulgated subsequently) violates the separation of powers as set forth in the both the state and national constitutions.
The California Supreme Court reversed a lower state court ruling that struck down a 2001 California law providing that in-state illegal-alien residents could pay much lower college fees than out-of-state students. The difference in tuition rates was substantial. At the University of California the in-state fee is about $12,000 per year while the out-of-state fee is about $35,000 per year.