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The Court Should Tear Down Everson, Not the Maryland Cross

by David Upham Nearly a century ago, the State of Maryland permitted a group of citizens to establish a memorial cross for veterans of World War I on property owned ...

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Ruth Bader Ginsburg’s True Legacy- In Her Own Words

February 12, 2019 Constitution / Founders / SCOTUS 0

by KrisAnne Hall, JD Some ask can we identify a singular point that can cause the destruction of America.  Looking toward U.S. Supreme Court Justice Ruth Bader Ginsburg, may give ...

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Marshall, the Dartmouth College Case, and Originalism

February 1, 2019 Constitution / Original Intent / SCOTUS 0

by Carson Holloway Two hundred years ago this week, the Supreme Court issued its now famous ruling in Dartmouth College v. Woodward. Writing for the Court, John Marshall defended the ...

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What Is Originalism?

January 31, 2019 Constitution / Liberty / SCOTUS 0

By: Rob Natelson When President Trump nominated Neil Gorsuch and Brett Kavanaugh to the Supreme Court, it was widely claimed he was appointing “originalists.” What is an originalist? Although originalists ...

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A New Supreme Court ruling on Obamacare could Still Stand

January 19, 2019 Constitution / Liberty / SCOTUS 0

By: Harold Pease Mid December 2018, Judge Reed O’Connor, a U.S. District Judge for the Northern District of Texas ruled that the Tax Cuts and Jobs Act last year ending ...

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Michael Dorf, Precedent, and the Original Meaning

January 4, 2019 Constitution / SCOTUS 0

by Mike Rappaport Recently, Michael Dorf wrote an interesting post about originalism and precedent. Dorf’s post raises some significant points about this crucial area for originalists. Here I would like ...

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Why Supreme Court Opinions Are Not the “Law of the Land”, and How to Put Federal judges in Their Place

December 10, 2018 Constitution / SCOTUS 0

By Publius Huldah Central to the silly arguments made by the “Convention of States Project” (COSP) is their claim that 200 years of Supreme Court opinions have increased the powers ...

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Merrick Garland and Brett Kavanaugh: Two Peas in a Pod?

October 10, 2018 Constitution / SCOTUS 0

Many conservatives cheered Judge Brett Kavanaugh’s confirmation to the Supreme Court, convinced his presence will turn the tide toward liberty. For the first time in decades, “conservatives” hold a firm ...

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Avoiding the Next 50-48 Vote: Disempower the Court

After the Senate voted 50 to 48 to confirm Justice Brett M. Kavanaugh, Senator Elizabeth Warren tweeted that she was “not going to sugarcoat anything. We lost a tough fight. ...

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Amanda Tyler and the Original Meaning of the Habeas Corpus Suspension Clause

September 27, 2018 Constitution / History / SCOTUS 0

While the original Constitution certainly had some defects — especially that it allowed slavery — it was in many ways an amazingly protective document. It was a classical liberal document ...

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