How the Supreme Court Rewrote the Constitution Part V: Killing Economic Freedom
By: Rob Natelson The first, second, third, and fourth installments in this series described how the Constitution established a relatively small federal government with limited powers and how President Franklin D. Roosevelt’s New Deal challenged that ...
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Federal Judges Protect and Defend Precedent
A nominee for a seat on a U.S. Court of Appeals revealed exactly why we can’t count on federal judges to “protect and defend” the Constitution. Their commitment is to ...
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Neither Necessary nor Proper
It was sixteen years ago last month that the U.S. Supreme Court, in the case of Gonzales v. Raich (2005), ruled that the Controlled Substances Act (21 U.S.C. 801) did not exceed ...
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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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The Lie of “Separation of Church and State” & the U.S. Supreme Court’s Usurpations of Power
By Publius Huldah 1. How did it happen that our country became a land where Christian children are forbidden to use the word, “God”, in the public schools; public school ...
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Judicial Checks and Moral Hazard
by Greg Weiner The ACLU has hailed a federal judge’s ruling last month that President Trump cannot redirect military construction resources to build a border wall that Congress refused to ...
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How States Can Man-up and Stop Abortion
By Publius Huldah If the American People (and American lawyers) had been properly educated, they would know that our federal Constitution created a federal government of enumerated powers only, and ...
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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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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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