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The Peculiar Institution and the Supreme Court

April 17, 2019 Constitution / SCOTUS / Slavery 0

by Joyce Lee Malcolm Paul Finkelman, in his new book, Supreme Injustice: Slavery in the Nation’s Highest Court, plunges into the private lives of the three most prominent Supreme Court ...

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Supreme Court Lets Trump’s Bump Stock Ban Stand

By: TJ Martinell WASHINGTON (March 31, 2019) – In the film Princess Bride, Wesley tells the revenge-bent Indigo Montoya to “get used to disappointment.” This is also good advice for ...

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Donald Trump signs executive order promoting free speech on college campus

Here are the Constitutional uses of Executive Orders: To enforce Constitutional laws passed by congressTo NOT enforce unconstitutional laws passed by congressGeneral Housekeeping in the Executive BranchExecutive orders are to ...

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McCulloch: A “Rule of Construction” Too “Broad and Pliant”

by Kevin Gutzman On October 22, 1819, Chief Judge Spencer Roane of the Virginia Court of Appeals (now the Virginia Supreme Court) dashed off a quick cover letter to former ...

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The “General Welfare” Clause

by JOHN W. BUGLER We Americans find ourselves faced with the disquieting specter of a national debt measured in trillions of dollars: a sum truly inconceivable. Many economists and politicians ...

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The New Federalism and the New Federal Judiciary

by Thomas Ascik The federal lawsuit filed by fifteen blue states (and Michigan) to stop President Trump’s February 15 Proclamation on Declaring a National Emergency Concerning the Southern Border of ...

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The Destructive Legacy of McCulloch v. Maryland

by Nelson Lund McCulloch v. Maryland (1819) is probably the Supreme Court’s single most influential case. Its importance arises largely from its doctrine of implied congressional powers, which has been ...

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How Thomas and Gorsuch Preserve the Generative Power of Originalism

by John O. McGinnis The most important practical question for originalism today is the relation of original meaning to precedent. The Supreme Court has decided thousands of cases about the ...

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The Bladensburg Cross and the Wall That Couldn’t Stand

By: Jackson Pemberton There is a reason that the “wall of separation between church and state” cannot take down the Bladensburg Peace Cross memorial. Yet, even SCOTUS seems unaware of ...

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The Supreme Court Will Not Save Us

February 27, 2019 Bureaucracy / Constitution / Overreach / SCOTUS 0

by Corbin Barthold In the Declaration of Independence, the Founding Fathers complained that George III had “erected a multitude of New Offices, and sent hither swarms of Officers to harass our ...

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