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Original Meaning in the the Faithless Electors Case

By: Michael D. Ramsey Last week the Tenth Circuit held in Baca v. Colorado Department of State that Colorado could not remove and replace a presidential elector who failed to vote for ...

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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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On the Omission of the Term “Expressly” from the Tenth Amendment

By: Kurt T. Lash In his recent review of Lawrence Lessig’s new book, “Fidelity and Constraint,” Georgetown law professor John Mikhail takes issue with Lessig’s account of the New Deal. Mikhail rejects ...

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Supreme Court Simultaneously Tramples State Sovereignty and Fourth Amendment

By: Suzanne Sherman A case recently decided by the U.S. Supreme Court once again reveals the inherent danger of placing virtually unlimited authority in the federal judiciary and centralizing decision ...

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The Constitution, the Census and Citizenship

July 11, 2019 Constitution / Court Cases 0

by Judge Andrew Napolitano Late last month, the Supreme Court ruled on a challenge to a question that the Commerce Department announced it would add to the 2020 census. The ...

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Obamacare Back in Court: What’s Happening and What Needs to be Done

July 11, 2019 ACA / Court Cases / Healthcare / Obamacare 0

By: Michael Boldin On Tuesday, the Fifth Circuit Court of Appeals heard oral arguments in Texas v. United States on whether a federal judge was correct in striking down Obamacare. ...

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Clutching Defeat from the Jaws of Victory: Gundy and the Prohibition on Delegation

By: Michael Rappaport The prohibition on the delegation of legislative power to the executive is one of the key structural features of the Constitution’s original meaning. The prohibition prevents the ...

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The verdict is in: We do not have a “conservative Supreme Court”

By: Rob Natelson The Supreme Court term just over certainly confirmed what I wrote shortly after it started: The constant refrain that the current bench is a “conservative Supreme Court” with ...

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Again Pointing Out Executive-Power Abuses in the New Bump Stock Ban

June 29, 2019 2nd Amendment / Court Cases 0

By Ilya Shapiro And Matthew Larosiere Before the tragic mass shooting in Las Vegas, almost nobody in the United States had ever heard of a “bump stock.” What was, and always has been, ...

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