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
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
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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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
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
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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