Proposing New Drug Sentences in the U.K.: Doug Berman reports on a new proposal for drug offense sentencing in the United Kingdom. Berman's report links to an article by Guardian writer Alan Travis summarizing the Sentencing Advisory Panel's consultation paper for sentencing drug offenses. The Panel proposes reducing the sentences of drug barons from 14 years to 12 years, while placing "heavier sentences" on "dealers who focus on psychiatric
hospitals, drug treatment centres and bail hostels, or who try to
smuggle drugs into prisons." It also advised shorter sentences for drug mules or couriers, because of their minimal role in criminal organizations.
Debating a "Federalism Amendment": Ilya Somin has a post on Volokh Conspiracy discussing Randy Barnett's op-ed in today's Wall Street Journal. Barnett's article "The Case for a Federalism Amendment" calls for a Constitutional amendment, enacted through a convention of the states, that will severely limit Congress' power. Briefly summarized, Barnett's proposed amendment would: allow Congress to regulate or prohibit any activity between one state and another, or with foreign nations; would prohibit Congress from regulating or prohibiting any activity that takes place wholly within a single state; limit Congress' power to appropriate funds to specific federal activities; repeal the 16th Amendment (authorizing federal income tax); and give the judiciary the authority to nullify any "prohibition or unreasonable regulation of a rightful exercise of liberty." Somin's post discusses why he favors the substantive provisions of the amendment, but, does not agree with Barnett's proposal to abolish the 16th Amendment, or Barnett's belief that Congress can be stopped from regulating activity if it takes place "wholly within a single state." Kent also has this comment on Section V of Barnett's proposed amendment.
Another Reason to Wish Justice Stevens a Happy Birthday: At NRO's Bench Memos, Matthew J. Franck posts his hopes that Justice Stevens will go the distance and break the record of our longest serving Supreme Court justice, Justice William O. Douglas. Franck's post offers mixed motives for this hope. First, he hopes Justice Stevens serves until mid-July 2012, and breaks Justice Douglas' record, because "he likes to see records fall." The second reason? Well, if Justice Stevens serves until mid-summer of 2012 "the chances improve that Stevens will be replaced by a Republican challenger who defeats Barack Obama that fall."
Debating a "Federalism Amendment": Ilya Somin has a post on Volokh Conspiracy discussing Randy Barnett's op-ed in today's Wall Street Journal. Barnett's article "The Case for a Federalism Amendment" calls for a Constitutional amendment, enacted through a convention of the states, that will severely limit Congress' power. Briefly summarized, Barnett's proposed amendment would: allow Congress to regulate or prohibit any activity between one state and another, or with foreign nations; would prohibit Congress from regulating or prohibiting any activity that takes place wholly within a single state; limit Congress' power to appropriate funds to specific federal activities; repeal the 16th Amendment (authorizing federal income tax); and give the judiciary the authority to nullify any "prohibition or unreasonable regulation of a rightful exercise of liberty." Somin's post discusses why he favors the substantive provisions of the amendment, but, does not agree with Barnett's proposal to abolish the 16th Amendment, or Barnett's belief that Congress can be stopped from regulating activity if it takes place "wholly within a single state." Kent also has this comment on Section V of Barnett's proposed amendment.
Another Reason to Wish Justice Stevens a Happy Birthday: At NRO's Bench Memos, Matthew J. Franck posts his hopes that Justice Stevens will go the distance and break the record of our longest serving Supreme Court justice, Justice William O. Douglas. Franck's post offers mixed motives for this hope. First, he hopes Justice Stevens serves until mid-July 2012, and breaks Justice Douglas' record, because "he likes to see records fall." The second reason? Well, if Justice Stevens serves until mid-summer of 2012 "the chances improve that Stevens will be replaced by a Republican challenger who defeats Barack Obama that fall."
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