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The Lesson from Montana: Stop Judicial Usurpation Before It Becomes Too Late

CONSTITUTION, Montana Constitution | December 18, 2024

Montana’s experience shows that when abuse of power begins, citizens must counteract it quickly. Failure to respond only makes the problem worse.

The Lesson from Montana: Stop Judicial Usurpation Before It Becomes Too Late Read More »

America’s WORST appeals court

CONSTITUTION, Montana Constitution | January 14, 2019

Keep reading even if you are not from Montana: This article is a lesson on how judges should not conduct themselves.

America’s WORST appeals court Read More »

Part II: What Can We Do About Legal Realism and Its Promotion of Judicial Activism?

CONSTITUTION, Supreme Court | July 27, 2017

. . . 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

CONSTITUTION, Supreme Court | July 24, 2017

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 »

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