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THE OLDEST CONSTITUTIONAL QUESTION: ENUMERATION AND FEDERAL POWER by Richard Primus, Harvard University Press, 2025, Cambridge, Massachusetts
Hon. Richard Welch III (ret.) reviews Richard Primus’ “The Oldest Constitutional Question: Enumeration and Federal Power” discussing Primus’ expansive interpretation of constitutional power. Welch relates Primus’ argument to his own experience in teaching Constitutional law and discusses what Primus’ thinking means for traditionalist interpretation. Welch invites others to read and digest Primus’ argument and the implications it has on the traditional “enumerism” view of congressional…
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When Sunlight Is the Best Disinfectant: Automatic Disclosure of Pending Prosecutorial and Police Misconduct Lawsuits in Criminal Proceedings
The Massachusetts Supreme Judicial Court’s decision in Commonwealth v. McFarlane limits the definition of exculpatory evidence by categorizing pending misconduct lawsuits as “unsubstantiated,” depriving defendants of due process. This ruling undermines public trust in the criminal justice system by failing to enforce transparency, essential for accountability and preventing misconduct within prosecutorial teams.
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Euthanasia as a Means of Preventing Unnecessary Suffering: When the Choice Becomes a Responsibility Implicating Criminal Liability
The decision in Commonwealth v. Russo highlights the challenges of interpreting animal cruelty statutes, particularly regarding the definition of “willfully.” The court ruled against charging Russo for neglecting her pet, Tipper, despite evidence of severe suffering, suggesting intent to prevent harm is needed for liability, which undermines the statute’s protective purpose.