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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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 ...
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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.
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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 ...
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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 ...
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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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