The Police State’s Reign of Terror Continues, With Help from the Supreme Court
You think you’ve got rights? Think again. All of those freedoms we cherish—the ones enshrined in the Constitution, the ones that affirm our right to free speech and assembly, due ...
Read more.
The Supreme Court Issues Opinions, not Law
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 ...
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 ...
Read more.
Federal Courts: A Failed Strategy for Liberty
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 ...
Read more.
Stare Decisis: Precedent vs the Constitution
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.
Read more.
Trial By Jury: A Jewel of Freedom
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 ...
Read more.
Originalism and Stare Decisis in the Lower Courts
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 ...
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.