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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 ...

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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 ...

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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 ...

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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. ...

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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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