The Relationship Between the Declaration of Independence and the Constitution
- March 21, 2017
The Supreme Court term just over certainly confirmed what I wrote shortly after it started: The constant refrain that the current bench is a “conservative Supreme Court” with a “conservative majority” is flat wrong.
READ MOREThe statute is based on an overly-expansive definition of congressional power . . . But no member of the court wrote a concurring opinion to point that out . . .
READ MORE(This is the fourth of several short commentaries on recent Supreme Court decisions.) U.S. v. Windsor—the case in which the Supreme Court struck down the Defense of Marriage Act (DOMA)—is a carcass from which constitutional flesh-pickers will feast for a very long time. It is one of those cases like Dred Scott v. Sandford or
READ MOREIs the current U.S. Supreme Court conservative? No, it is not. And certainly not if you define “conservative” as interpreting the Constitution according to the understanding of the makers. The claim that the Court has a conservative majority is certainly widespread. Googling the phrase “conservative supreme court” turned up over 38 million hits. The more
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