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One Flew Over the Pheasant’s Nest: Crimes by Bureaucrat
In Pheasant v. United States—now before the Supreme Court on a petition for certiorari[1]—the facts make strike some as trivial: a man is charged with a misdemeanor for riding his dirt bike at night on federal land without a taillight. So what? Hardly headline material, perhaps. But the question that this case presents is far from trivial: who decides what conduct is a crime? The Constitution’…
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