CONSTITUTION - Supreme Court - Independence Institute

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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How Progressives Promoted the “Runaway Convention” Myth To Protect the “Warren Court’s” Judicial Activism 0
- May 21, 2017
You may have heard alarms that if we hold a national convention for proposing constitutional amendments the gathering would be an uncontrollable constitutional convention (“con-con”) that could propose anything at all. The claim is called the “runaway scenario.” It has almost no basis in history or law. But it has long frightened Americans away from
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How the New York Times Misrepresents the Supreme Court 0
- April 30, 2017
A recent New York Times story, titled “A Polarized Supreme Court, Growing More So,” illustrates how left-of-center media distort perceptions of the U.S. Supreme Court. The story’s problems begin with the lead paragraph’s assertion that Justice Neil Gorsuch’s appointment is “a conservative replacing another conservative.” What the Times probably intended to say is that the
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