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How the Supreme Court Rewrote the Constitution Part 3

By Rob Natelson  1934–1937: The Court’s Balancing Act There’s a common myth that President Franklin D. Roosevelt proposed his 1937 court-packing plan because SCOTUS struck down all his New Deal programs. ...

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An Attack of Judicial Pragmatism

by James J. Heaney   Given the hoopla, the most striking thing about Chief Justice John Roberts’ majority opinion in Trump v. United States is how little it decides: Neither Congress nor an overzealous ...

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The Founders Interpret the Constitution: The Division of Federal and State Powers

by Robert G. Natelson Note from the Editor:  This article surveys ratification-era statements by defenders of the proposed Constitution enumerating powers that would be reserved to the states. It argues ...

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