The Supreme Court’s Latest Voting Rights Case
- July 28, 2013

Marshall was not part of the “living constitution” project. He sought to interpret the Constitution according to “the intention of its makers.”
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A state supreme court justice has been flying flags with leftist symbols for years—without any outcry. How long do you think her judicial career would have lasted if she had displayed a MAGA flag?
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There has been a effort in the law schools—and at times in the Supreme Court—to appropriate Marshall as a model for liberal activism.
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Justice Barrett’s opinion contains a readable survey of the court’s convoluted “takings” law.
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If we are not to lose our freedom entirely, we shall have to find a way to restore the Commerce Clause to something like its original scope.
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This latest survey—like all the previous ones—confirms that when the Constitution uses the word “Commerce,” it does so to mean only mercantile trade and its incidents.
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