. . . the problem centers in specific institutions: American law schools and the higher reaches of the judiciary.
Part II: What Can We Do About Legal Realism and Its Promotion of Judicial Activism? Read More »
The Founders erected the American legal system to operate in the context of Anglo-American judicial values. The rules placed expressly or implicitly in the Constitution . . . were designed to operate in that context. However, the context changed.
Part I: Judicial activism: Here’s a core reason for it you’ve never heard about Read More »
Of course, it is one thing to criticize, but another to try to craft something better.
Drafting a Balanced Budget Amendment: It’s tougher than you might think Read More »
Observe how many of the Left’s ideological buttons the plaintiff’s lawyers pushed: non-profit, recycling, mandatory government fee, poverty, disabilities, environment—and that interminably-overused mantra: community.
If you want to win a Supreme Court case, it helps to play to “progressive” values Read More »
But Citizens United included a second decision, one rarely mentioned. In this part of the case, the court upheld federal laws requiring contributors to political ads to publicly reveal their names. Unlike the first ruling, the second was a constitutional mistake. Although the court has since reaffirmed its position, it should promptly reconsider.
With due respect to the Supreme Court, some campaign finance laws are unconstitutional Read More »
