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The Supreme Court Issues Opinions, not Law

June 25, 2020 Judiciary 0

By: Michael Boldin - Tenth Amendment Center “Legislating from the bench” has become a common phrase, a common complaint – and a common practice. But it was never intended to ...

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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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Federal Courts: A Failed Strategy for Liberty

June 2, 2020 4th Amendment / Judiciary 0

By: Mike Maharrey Counting on federal courts to impose liberty is a failed strategy. I recently appeared on the Scott Horton show to explain why. The Supreme Court recently chipped ...

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Stare Decisis: Precedent vs the Constitution

November 20, 2019 Constitution / Judiciary / Supremacy 0

By: Michael Boldin As the founders widely understood, the Constitution is supreme. And it remains supreme even if the opinion of the Supreme Court contradicts it.

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Trial By Jury: A Jewel of Freedom

September 28, 2019 Judiciary 0

By: Joe Wolverton, II The Anglo-American protection of a person’s right to have the legitimacy of accusations made against him determined by a jury of his peers is of ancient ...

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Originalism and Stare Decisis in the Lower Courts

July 27, 2019 Judiciary 0

By: Michael Boldin An interesting new paper by Josh Blackman on precedent vs the original constitution in federal courts. From the abstract at SSRN: The tension between originalism and stare ...

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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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