Chief Justice Roberts recently wrote a fawning tribute to William Howard Taft that had as much to do with defending his own record than anything else. Roberts noted that Taft actually wrote vanishingly few notable opinions, but one — that Roberts did not mention — was United States v. Lanza. Writing for a unanimous court in this prohibition case, Taft laid out what key constitutional concept that endures to this day?
Hint: This concept is very much in the news with a high profile defendant’s lawyer hoping Taft’s precedent won’t matter.
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