constitutional law Archives - Independence Institute

The Judiciary Committee’s ex post facto approach to impeachment violates the Constitution 0
- December 9, 2019
The committee’s decision . . . may be convenient for its purposes. But it violates both the rule of law and the American constitutional order.
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Why McCulloch v. Maryland—now 200 years old—is not a ‘big government’ manifesto 0
- December 7, 2019
In the 20th century, the Supreme Court cited McCulloch to uphold unprecedented federal spending and regulatory programs. Law school constitutional law courses sometimes treat McCulloch the same way. . . . [But] this approach is the product of historical ignorance.
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Impeachment inquiry rules skewed heavily against the President 0
- December 4, 2019
Unfortunately, the new House rules fall far short of even minimal due process standards.
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Elizabeth Warren’s wealth tax is unconstitutional—and why you shouldn’t believe law professors’ claims to the contrary 0
- November 29, 2019
The fact that many of America’s law schools are one-sided political hothouses further encourages leftist passion at the expense of curiosity and care.
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Did Founder James Wilson oppose the Electoral College and favor ‘National Popular Vote?’0
- November 12, 2019
Although Wilson toyed with the idea of direct election, when all was said and done he preferred the presidential system featured in our Constitution.
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Should we interpret the Constitution so the feds can oversee everything affecting more than one state?0
- November 12, 2019
As the framers did with so many other decisions, in allocating authority between states and federal government they balanced competing values.
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