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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Chisholm v. Georgia (1793) in a Nutshell

By: Dave Benner In 1793, a controversial Supreme Court opinion convinced Congress to amend the Constitution to provide a more explicit safeguard for federalism. Indeed, even Federalists considered the majority ...

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Anti-Commandeering, The Legal Basis for Refusing to Cooperate

By: Michael Boldin The Supreme Court actually got one right – and they’ve followed through on this single issue time and time again. On this episode of Good Morning Liberty, ...

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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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