The verdict is in: We do not have a “conservative Supreme Court”
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.
New SCOTUS case does more than pave the way to reverse Roe v. Wade
Justice Clarence Thomas’s concurrence probably received the most media attention. It is an essay on when the Supreme Court should follow precedent or overrule it. It helps lay the basis for reversing Roe v. Wade . . . .
Curb on the regulatory state? Court holds corporations protected from “excessive fines”
Colorado Supreme Court ruled that the Excessive Fines Clause does protect corporations.
How our presidential election system works
Some writers claim the framers adopted an indirect election procedure because they didn’t trust democracy. This is an oversimplification. The framers balanced many factors.
Judicial oligarchy is the wrong way to decide abortion policy
On abortion policy America has ceased to be a democracy and has become a judicial oligarchy.
More on how National Popular Vote would import third world “elections” to America
Nevada and Colorado legislatures voted to import a failed third-world election system into the United States.
The Supreme Court re-affirms Indian treaty originalism
Why do many judges and commentators abandon standard interpretative methods when addressing some parts of the Constitution? The answer is clear.
Are we in a constitutional crisis? Yes, but it’s not what you think
Will the American people correct the situation and end the crisis? Or is our era of constitutional government over? The answers depend largely on the fate of the “convention of states” movement.
What’s good about the U.S. Constitution
Many federal programs have been adopted in excess of the original Constitution’s limits on federal authority. They have been identified as culprits behind a number of serious social problems.
The Supreme Court just applied originalism to an Indian treaty, so why not to the Constitution?
This case illustrates how judges apply originalism for almost all legal documents — except the Constitution.
National Popular Vote: Banana republic elections
In the 2006 Nicaraguan election, a plurality of only 38 percent elected socialist Daniel Ortega. Once in office, Ortega did what socialist thugs commonly do: suppress opposition. Nicaragua has not had an honest election since.
New evidence on the meaning of the Necessary and Proper Clause
“. . . .the powers of this Congress are confined to what is expressly delegated to them”
