Presidential Elector Discretion: The Originalist Evidence
[T]he Hamilton Electors have good cause to claim the mantle of originalism.
Presidential Elector Discretion: The Originalist Evidence Read More »
II Senior Fellow Natelson’s Research Again Relied on by a Supreme Court Justice
Rob’s research, published in the 2008 article, showed convincingly that Justice Thomas was right to be skeptical.
II Senior Fellow Natelson’s Research Again Relied on by a Supreme Court Justice Read More »
A Response to a “Living Constitutionalist”
. . . law professors often corrupt their understanding of the Constitution with their own political preferences. . .
A Response to a “Living Constitutionalist” Read More »
Part II: What Can We Do About Legal Realism and Its Promotion of Judicial Activism?
. . . 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 »
Part I: Judicial activism: Here’s a core reason for it you’ve never heard about
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 »
If you want to win a Supreme Court case, it helps to play to “progressive” values
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 »
With due respect to the Supreme Court, some campaign finance laws are unconstitutional
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 »
Supreme Court’s Ruling Against the PC Police
The Supreme Court’s decision this week in Matal v. Tam sent a clear warning to government officials who seek to curtail speech
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How Progressives Promoted the “Runaway Convention” Myth To Protect the “Warren Court’s” Judicial Activism
You may have heard alarms that if we hold a national convention for proposing constitutional amendments the gathering would be
How the New York Times Misrepresents the Supreme Court
A recent New York Times story, titled “A Polarized Supreme Court, Growing More So,” illustrates how left-of-center media distort perceptions
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Scalia Probably Favored An Amendments Convention — But Does It Matter?
A majority of state legislatures have voted to trigger the U.S. Constitution’s most important procedure for reforming the federal government.
Scalia Probably Favored An Amendments Convention — But Does It Matter? Read More »
The Left’s Refusal to Accept Election Results vs. Its Constitutional “Super-Precedent” Theory
Since Election Day, the stock market has soared. The benchmark Standard and Poor’s 500 index, which reflects the stock price