constitutional law

First In a Series: John Dickinson Comes Into Prominence 0
- October 20, 2017
This year marks the 250th anniversary of one of the most influential series of writings in American history.
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Part I: Judicial activism: Here’s a core reason for it you’ve never heard about 0
- July 24, 2017
The Founders erected the American legal system to operate in the context of Anglo-American judicial values. The rules placed expressly or implicitly in the Constitution . . . were designed to operate in that context. However, the context changed.
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Drafting a Balanced Budget Amendment: It’s tougher than you might think 0
- July 21, 2017
Of course, it is one thing to criticize, but another to try to craft something better.
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With due respect to the Supreme Court, some campaign finance laws are unconstitutional 0
- July 17, 2017
But Citizens United included a second decision, one rarely mentioned. In this part of the case, the court upheld federal laws requiring contributors to political ads to publicly reveal their names. Unlike the first ruling, the second was a constitutional mistake. Although the court has since reaffirmed its position, it should promptly reconsider.
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Supreme Court’s Ruling Against the PC Police 0
- June 23, 2017
The Supreme Court’s decision this week in Matal v. Tam sent a clear warning to government officials who seek to curtail speech they deem offensive: We won’t let you do it! The warning was particularly pointed for the PC Police at state universities who try to close down viewpoints they find “offensive.” A federal law ordered the
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The Define and Punish Clause doesn’t authorize vast federal power either 0
- June 14, 2017
Legal commentators have spread a good deal of ink trying to show that the Constitution authorizes the enormous expansion of the federal government since the 1930s. Leading the way have been some associated—as professors, students, or alumni—with the most privileged educational institutions: Harvard, Yale, Chicago, and so forth. Their publications inflated the Commerce Clause to
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