Another take-down of the “conservative Supreme Court” myth
Statistics from the Supreme Court’s last term belie the claim that it has become conservative.
Another take-down of the “conservative Supreme Court” myth Read More »
COVID-19 and the Constitution
The Constitution’s flexibility in emergency is why the late Justice Robert H. Jackson once said, “The Constitution is not a suicide pact.” But emergencies do not cause the Constitution to vanish.
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Where were all the Constitution’s defenders when the feds raised the smoking age?
[S]etting minimum consumption ages is not a power the Constitution grants the federal government. The Constitution reserves it to the states.
Where were all the Constitution’s defenders when the feds raised the smoking age? Read More »
Why McCulloch v. Maryland—now 200 years old—is not a ‘big government’ manifesto
In the 20th century, the Supreme Court cited McCulloch to uphold unprecedented federal spending and regulatory programs. Law school constitutional law courses sometimes treat McCulloch the same way. . . . [But] this approach is the product of historical ignorance.
Why McCulloch v. Maryland—now 200 years old—is not a ‘big government’ manifesto Read More »
Supreme Court to review common anti-school choice rule in state constitutions
Today the constitutions of 26 states contain bans that go well beyond what Blaine wanted. Unlike Blaine’s proposal, those constitutions mandate discrimination against “sectarian” religion.
Supreme Court to review common anti-school choice rule in state constitutions Read More »
How “progressive” court decisions promoted the rise of dark money
“Progressive” Supreme Court decisions that led directly or indirectly to the orgy of anonymous spending
How “progressive” court decisions promoted the rise of dark money Read More »
A new Supreme Court case on establishment of religion
By the time ratification was complete, the Constitution’s implications for religion were understood: Religious faith was valuable for good government. But government was to treat individual religions equally, as long as they conducted themselves in an orderly manner.
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John Paul Stevens’ greatest legacy
By clarifying constitutional amendment law, Stevens made it more accessible to citizens who now seek to use it to cure our dysfunctional federal government.
John Paul Stevens’ greatest legacy Read More »
Two liberal Supreme Court justices slap down the Left’s historical desecration
Two of the Supreme Court’s most liberal members effectively told us they want no part of this campaign of historical destruction.
Two liberal Supreme Court justices slap down the Left’s historical desecration Read More »
The verdict is in: We do not have a “conservative Supreme Court”
The Supreme Court term just over certainly confirmed what I wrote shortly after it started: The constant refrain that the current bench is a “conservative Supreme Court” with a “conservative majority” is flat wrong.
The verdict is in: We do not have a “conservative Supreme Court” Read More »
Judicial oligarchy is the wrong way to decide abortion policy
On abortion policy America has ceased to be a democracy and has become a judicial oligarchy.
Judicial oligarchy is the wrong way to decide abortion policy Read More »
NPR and Justice Stevens are wrong about guns
Recent historical research has thoroughly discredited Stevens’ position.
NPR and Justice Stevens are wrong about guns Read More »