constitutional law Archives - Independence Institute

Understanding the Constitution: Why it doesn’t protect the unborn 0
- August 10, 2022
As Justice Samuel Alito pointed out in Dobbs v. Jackson Women’s Health (pdf)—and as the late, great Justice Antonin Scalia said repeatedly—the Fifth and 14th Amendment Due Process Clauses really have nothing to do with abortion.
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Understanding the Constitution: The Great Forgetting 0
- August 4, 2022
All of these false assertions emerged from a historical process—primarily during the 19th century—that I’ve labeled “The Great Forgetting.”
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Would a federal Law legalizing abortion survive the Supreme Court?0
- July 26, 2022
For the court to strike down a federal abortion law, it would have to . . . courageously enforce the Constitution’s subject-matter boundaries between federal and state jurisdiction.
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The Constitution’s rules for relations with Indian tribes: part II 0
- July 19, 2022
The leading myth in Indian law is that the Constitution gives Congress “plenary” (absolute) authority over Indian affairs.
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The Supreme Court’s recent—and sweeping—Indian Law cases: part I 0
- July 19, 2022
One reason the votes in these cases were so close is that the law of tribal sovereignty is chaotic.
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The Montana Supreme Court’s Anti-Firearms Decision was Wrong 0
- July 11, 2022
Mass shootings tend to happen in so-called “gun free zones” where law-abiding people are disarmed. . . . [Yet] all the justices on the court voted for this misguided decision.
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