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 ...
Read more.
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 ...
Read more.
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 ...
Read more.
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 ...
Read more.
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 ...
Read more.
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 ...
Read more.
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 ...
Read more.
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 ...
Read more.
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 ...
Read more.The Supreme Court’s Dereliction of Duty on Qualified Immunity
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 ...
Read more.