Please enjoy the latest edition of Short Circuit, a weekly feature written by a bunch of people at the Institute for Justice.
The U.S. Supreme Court has said that (most of the time) you need Congress's permission to sue federal officers when they violate your federal constitutional rights. But some state courts have rejected that reasoning when it comes to suing state officers for state constitutional violations. Which is right? In Arc Digital, IJ's Anthony Sanders argues it's the latter. He explains "law" doesn't just come from legislatures. Sometimes "the people" make it via a constitution and sometimes courts do. But the belief in "parliamentary supremacy" makes us think courts can't do what they've done for centuries: provide remedies for wrongs.
