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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Emancipating the Constitution From Non-Originalist Precedent
by John O. McGinnis & Mike Rappaport Non-Originalist Precedent The biggest challenge to the rise of originalism is precedent. Although originalism is enjoying more support in the judiciary and in ...
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Judicial Strategies to Contain the Administrative State
by John O. McGinnis The most important developments this term at the Supreme Court were the skirmishes around the administrative state. These skirmishes revealed a variety of strategies, sometimes conflicting, ...
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Roe v. Wade Did Not Legalize Abortion in the United States
By: Laurence M. Vance The infamous Supreme Court case of Roe v. Wade did not legalize abortion in the United States. Its repeal will not outlaw abortion in the United States. In Roe ...
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