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 ...
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Constitutional Confusion Opens Door to Judicial Mischief
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
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
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
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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