Originalism and Stare Decisis in the Lower Courts
By: Michael Boldin An interesting new paper by Josh Blackman on precedent vs the original constitution in federal courts. From the abstract at SSRN: The tension between originalism and stare ...
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The CIA’s “Intelligence Authorization Act” Would Criminalize Whistleblowers and Reporters
By: jprivate A CIA written Bill called the Intelligence Authorization Act (SB 3153) would criminalize whistleblowers and reporters. Section 733 Sense of Congress on WikiLeaks: “It is the sense of Congress that ...
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The Tyranny of the Police State Disguised as Law-and-Order
By: John Whitehead Enough already. Enough with the distractions. Enough with the partisan jousting. Enough with the sniping and name-calling and mud-slinging that do nothing to make this country safer ...
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Unconstitutional? Extra-Constitutional? What’s the difference?
By: Rob Natelson You often hear that an action is “constitutional” or “unconstitutional.” More rarely, you hear the term “extra-constitutional.” Exactly how do these words differ? An action is constitutional if taken ...
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The Plot to Undermine the Electoral College
by Ian Drake In the 2016 presidential election, Hillary Clinton won the popular vote for president by just under three million votes. But under the Constitution’s electoral voting system, Clinton ...
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Debunking the “One Nation” Myth: Thoughts from Maharry Head
By: Mike Maharrey Most Americans think July 4, 1776, birthed a “nation.” It didn’t. It actually birthed 13 independent nations that soon formed a union. The notion that Independence Day ...
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Why Do Central Bankers Oppose a Gold Standard?
By: Mike Gleason Federal Reserve Chair Jerome Powell’s testimony before Congress was closely scrutinized not just for its economic implications but also for its political overtones. Powell cited “trade tensions” ...
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The Marbury v Madison Myth
By: Michael Boldin Almost everything in modern “constitutional law” is based on a myth. “A long, long time ago — 1803, if the storyteller is trying to be precise — ...
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Veterans Struggle to Gain Access to Medical Marijuana
By: Patrick McKnight Thirty-three states and the District of Columbia have enacted medical marijuana programs. Despite this expansion military veterans often face greater obstacles to gaining access to medical marijuana ...
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Reminder: Words on Parchment Don’t Give Us Rights
By: TJ Martinell A bill filed in the Virginia General Assembly sought to uphold the right to keep and bear arms as described in the Second Amendment and in the ...
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