CONSTITUTION - Supreme Court Archives - Independence Institute

A Response to a “Living Constitutionalist”0
- August 24, 2017
. . . law professors often corrupt their understanding of the Constitution with their own political preferences. . .
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Part II: What Can We Do About Legal Realism and Its Promotion of Judicial Activism?0
- July 27, 2017
. . . the problem centers in specific institutions: American law schools and the higher reaches of the judiciary.
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Part I: Judicial activism: Here’s a core reason for it you’ve never heard about 0
- 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.
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If you want to win a Supreme Court case, it helps to play to “progressive” values 0
- July 18, 2017
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.
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With due respect to the Supreme Court, some campaign finance laws are unconstitutional 0
- July 17, 2017
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.
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Supreme Court’s Ruling Against the PC Police 0
- June 23, 2017
The Supreme Court’s decision this week in Matal v. Tam sent a clear warning to government officials who seek to curtail speech they deem offensive: We won’t let you do it! The warning was particularly pointed for the PC Police at state universities who try to close down viewpoints they find “offensive.” A federal law ordered the
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