CONSTITUTION - Supreme Court Archives - Independence Institute

Another take-down of the “conservative Supreme Court” myth 0
- May 6, 2020
Statistics from the Supreme Court’s last term belie the claim that it has become conservative.
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COVID-19 and the Constitution 0
- April 27, 2020
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?0
- January 7, 2020
[S]etting minimum consumption ages is not a power the Constitution grants the federal government. The Constitution reserves it to the states.
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Why McCulloch v. Maryland—now 200 years old—is not a ‘big government’ manifesto 0
- December 7, 2019
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.
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Supreme Court to review common anti-school choice rule in state constitutions 0
- August 12, 2019
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.
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How “progressive” court decisions promoted the rise of dark money 0
- August 11, 2019
“Progressive” Supreme Court decisions that led directly or indirectly to the orgy of anonymous spending
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