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Fact Check: No, overruling Roe v. Wade would not endanger other rights

June 2, 2022 Uncategorized 0

By: Rob Natelson In a previous essay, I surmised that the purpose of leaking the Supreme Court’s draft opinion overruling Roe v. Wade (pdf) was to expose one or more justices to ...

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How the Supreme Court Rewrote the Constitution Part VII: Concentration Camps and the End

By: Rob Natelson This is the last installment in a series on the nadir, or low point, of the U.S. Supreme Court. This was the period from 1937 to 1944, when ...

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How the Supreme Court Rewrote the Constitution Part VI: Crushing Civil Liberties

March 17, 2022 Court Cases / History / Judiciary 0

By: Rob Natelson The first, second, third, fourth and fifth installments  in this series traced how the Supreme Court responded to President Franklin D. Roosevelt’s efforts to break constitutional limits and create a powerful federal government. After trying ...

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How the Supreme Court Rewrote the Constitution Part V: Killing Economic Freedom

By: Rob Natelson The first, second, third, and fourth installments in this series described how the Constitution established a relatively small federal government with limited powers and how President Franklin D. Roosevelt’s New Deal challenged that ...

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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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