CONSTITUTION - Supreme Court - Independence Institute

First Amendment Protection is for More Than Political Speech 0
- September 9, 2016
This article was first published in CNS News. The modern U.S. Supreme Court grants more First Amendment protection to political discourse than to other forms of expression, such as commercial advertising. The court holds that political discourse enjoys a “preferred position.” The preferred position doctrine is taught in the nation’s law schools, so many lawyers
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The Supreme Court’s Latest Abortion Decision: More Confusion and Incoherence 0
- July 24, 2016
The anti-democratic incoherence in the Supreme Court’s latest abortion decision makes one wonder just how much longer the American people are going to stand for this sort of thing. In the wake of a horrific Pennsylvania abortion scandal, several states passed laws toughening restrictions on abortion providers. Among those states was Texas. One provision of
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Three New Supreme Court Cases Show in Some Areas, the Constitution No Longer Matters 0
- July 13, 2016
Note: This article originally appeared at CNS News. An earlier version included unauthorized editing and should be disregarded. Three recent Supreme Court decisions reveal in the area of personal rights, most of the justices are applying rules unrelated to the U.S. Constitution. In two of the cases, the majority refused to protect rights expressly laid
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Abolish the Filibuster? Maybe We Should 0
- July 10, 2016
Should freedom advocates support the U.S. Senate’s “filibuster” rule? The traditional answer has been “yes.” But we might want to take another look. The Senate’s filibuster system allows individual Senators to block legislative action by making long speeches (i.e., “filibuster”) on the floor. When several Senators take turns speaking, they can block legislative action indefinitely.
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Restoring ‘Diversity’ To The Supreme Court 0
- June 28, 2016
This article originally appeared in the Daily Caller. Liberals talk a great deal about “diversity” these days, so it is ironic that so many have lined up in favor of President Barack Obama’s pick for the Supreme Court, Merrick Garland. On important measures, Garland would render the Court less diverse than it is now. One
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Legislative Reapportionment: The Supreme Court Steps Back 0
- June 5, 2016
This article originally appeared in The American Spectator The Supreme Court recently stepped back from its campaign to impose its political preferences on the states. In Evenwel v. Abbott, the justices held while the U.S. Constitution requires states to apportion their legislatures solely by population, the Constitution does not prescribe a particular way of counting
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