(Note: This is the second of several short commentaries on recent Supreme Court decisions.) There is little more heart-rending than […]
NOTE: This is the first of several short commentaries on recent Supreme Court decisions. The Supreme Court recently ruled that
One source of security we have in using the Constitution’s amendment process is that the courts, including the U.S. Supreme
How the Courts have Clarified the Constitution's Amendment Process Read More »
NOTE: This is an updated version of an essay first published in 2013. For a comprehensive treatment of amendment law,
A Response to the “Runaway Scenario” Read More »
Is the current U.S. Supreme Court conservative? No, it is not. And certainly not if you define “conservative” as interpreting
The Myth of the “Conservative Supreme Court” Read More »
Yesterday’s Parade Magazine, the Sunday insert, featured a cover article on former Supreme Court Justice Sandra Day O’Connor. It was
Celebrating Justice O’Connor: Parade Magazine Muffs the Job Read More »
If you have any doubt about the ability of the political Left to set the agenda in this country, look
By granting certiorari in Fisher v. University of Texas, the Supreme Court has a chance to correct one of the
Supreme Court has chance to end state university ethnic discrimination Read More »
In NFIB v. Sebelius (the Obamacare decision) a 7-2 majority voided that part of the law that required states to
Yes, the Supreme Court’s Medicaid Decision was Good Contract Law Read More »
Little-noticed amid the commentary on the Supreme Court’s health care decision is the decision’s blow to congressional efforts to federalize
Obamacare Decision Suggests U.S. Malpractice Bill Unconstitutional Read More »
For a podcast covering this subject in more detail, click here. Under the Constitution’s original meaning, the Supreme Court’s holding
Defects in the Supremes' holding that the Obamacare penalty is a "tax" Read More »
Every so often I’m asked whether the Founders anticipated judicial review. In other words, whether the Founders expected the courts
Did the Founders expect the Courts to Declare Laws Unconstitutional? Read More »
