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Record Shows Supreme Court Overwhelmingly Protects Federal Power

By: TJ Martinell One of the most prevalent political strategies is to sue and hope federal courts rein in unconstitutional federal overreach. But evidence shows it almost never turns out ...

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Does Biden’s OSHA vaccination mandate exceed federal authority?

On November 12, a federal appeals court suspended the Occupational Safety and Health Administration (OSHA) order fining businesses with 100 or more employees for each employee unvaccinated against COVID-19. This is one ...

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Federal Judges Protect and Defend Precedent

A nominee for a seat on a U.S. Court of Appeals revealed exactly why we can’t count on federal judges to “protect and defend” the Constitution. Their commitment is to ...

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The Police State’s Reign of Terror Continues, With Help from the Supreme Court

November 23, 2021 Federal Power / Judiciary / Police State 0

You think you’ve got rights? Think again. All of those freedoms we cherish—the ones enshrined in the Constitution, the ones that affirm our right to free speech and assembly, due ...

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The Fourth Amendment

Restoring the Fourth Amendment’s Oath or Affirmation Clause

The Fourth Amendment’s requirements for obtaining a warrant have been subverted in practice and in legal theory. That’s the argument made in  “The Broken Fourth Amendment's Oath” paper written by ...

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How One Landmark Case Shaped the Commerce Clause

November 30, 2020 Commerce Clause / Court Cases 0

By: Bob Fiedler In some ways, John Marshall’s opinion in Gibbons v. Ogden expanded federal power using expansive definitions of various words in the Commerce Clause. But future courts ignored an important limiting ...

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A Brief History of Court Packing

November 11, 2020 Uncategorized 0

By: Judge Andrew Napolitano Since the death of liberal Justice Ruth Bader Ginsburg and the determination of President Donald Trump to fill her Supreme Court seat before Election Day with the ...

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Three Supreme Court Cases that Twisted the Commerce Clause

By: Funky Euphemism Despite the words that make up the commerce clause and necessary and proper clause remaining constant over the past two centuries, the Supreme Court’s interpretation of their ...

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The Supreme Court’s Dereliction of Duty on Qualified Immunity

June 20, 2020 Court Cases / Judiciary 0

by Jay Schweikert, CATO Institute Monday morning, the Supreme Court denied all of the major cert petitions raising the question of whether qualified immunity should be reconsidered. This is, to put it ...

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