Close

How One Landmark Case Shaped the Commerce Clause

November 30, 2020 Commerce Clause / Court Cases 0

By: Bob Fiedler In some ways, John Marshall’s opinion in Gibbons v. Ogden expanded federal power using expansive definitions of various words in the Commerce Clause. But future courts ignored an important limiting ...

Read more.

Three Supreme Court Cases that Twisted the Commerce Clause

By: Funky Euphemism Despite the words that make up the commerce clause and necessary and proper clause remaining constant over the past two centuries, the Supreme Court’s interpretation of their ...

Read more.

Constitutional Confusion Opens Door to Judicial Mischief

July 1, 2020 Court Cases 0

By: Mike Maharrey There’s a fundamental misunderstanding of the constitutional structure that opens the door to all kinds of mischief. I’m talking about the misguided notion that the Constitution “gives ...

Read more.

The Supreme Court’s Dereliction of Duty on Qualified Immunity

June 20, 2020 Court Cases / Judiciary 0

by Jay Schweikert, CATO Institute Monday morning, the Supreme Court denied all of the major cert petitions raising the question of whether qualified immunity should be reconsidered. This is, to put it ...

Read more.

The Incorporation Doctrine and the Bill of Rights

By: Mike Maharrey In a previous Constitution 101 post, I established that the Bill of Rights was not originally intended to apply to the states. But lawyers and other supporters of ...

Read more.

Originalism, the Fourth Amendment, and New Technology

December 13, 2019 4th Amendment / Court Cases 0

By: Michael Rappaport One of the important issues for originalism is whether it can be applied to new circumstances that were not envisioned at the time of the original Constitution. ...

Read more.

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 ...

Read more.

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 — ...

Read more.

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 ...

Read more.

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 ...

Read more.