How the Supreme Court Rewrote the Constitution Part 7
By Rob Natelson Commentary This is the last installment in a series on the nadir, or low point, of the U.S. Supreme Court. This was the period from 1937 to 1944, ...
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How the Supreme Court Rewrote the Constitution Part 3
By Rob Natelson 1934–1937: The Court’s Balancing Act There’s a common myth that President Franklin D. Roosevelt proposed his 1937 court-packing plan because SCOTUS struck down all his New Deal programs. ...
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How the Supreme Court Rewrote the Constitution: 1937–1944
By Rob Natelson Crisis and Depression In October 1929, a financial bubble broke. As always happens when financial bubbles break, people lost a great deal and hardship ensued. But bubbles ...
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The Struggle for Ratification: Advocates and Opponents Debate Judicial Review (Part 1)
By: Bob Fiedler One of the most striking and unique and hotly debated aspects of the American system of government is judicial review. Where precisely does this doctrine arise from? Technically, ...
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Originalism and Article III Judicial Power
By: Michael Rappaport One of the most difficult challenges for originalism is to determine to what extent the Constitution limits the adjudication of matters by entities other than Article III ...
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Can the Supreme Court Review Impeachments?
By: Michael Ramsey At The Hill, Alan Dershowitz answers yes: Supreme Court could overrule an unconstitutional impeachment. From the beginning: President Trump has said that if the House were to impeach him ...
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Originalism and Article III Judicial Power
by Mike Rappaport One of the most difficult challenges for originalism is to determine to what extent the Constitution limits the adjudication of matters by entities other than Article III ...
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Vetting Kavanaugh Or Any Judicial Candidate According To The Constitution
By KrisAnne Hall, JD When Donald Trump nominated Brett Kavanaugh for the supreme Court, he did what is likely the most important act a president of these United States can ...
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