CONSTITUTION - Supreme Court Archives - Independence Institute

Understanding the Constitution: Originalism was not invented by partisan Republicans 0
- September 23, 2022
In constitutional law, the methods applied by “progressives” are the new, partisan inventions. Originalism is the standard bequeathed by the ages.
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Will the Supreme Court stretch the Commerce Clause even more?0
- September 7, 2022
Some claim that when the word “Commerce” is applied to Native Americans, it magically balloons in scope, allowing Congress to regulate just about anything.
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One reason judges make mistakes about the Constitution 0
- August 27, 2022
Sometimes judges must rely on biased, untrained people for information on how to interpret our Constitution.
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Would a federal Law legalizing abortion survive the Supreme Court?0
- July 26, 2022
For the court to strike down a federal abortion law, it would have to . . . courageously enforce the Constitution’s subject-matter boundaries between federal and state jurisdiction.
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The Constitution’s rules for relations with Indian tribes: part II 0
- July 19, 2022
The leading myth in Indian law is that the Constitution gives Congress “plenary” (absolute) authority over Indian affairs.
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The Supreme Court’s recent—and sweeping—Indian Law cases: part I 0
- July 19, 2022
One reason the votes in these cases were so close is that the law of tribal sovereignty is chaotic.
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