original understanding Archives - Independence Institute

New SCOTUS case does more than pave the way to reverse Roe v. Wade 0
- June 24, 2019
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 . . . .
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How our presidential election system works 0
- June 5, 2019
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.
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Judicial oligarchy is the wrong way to decide abortion policy 0
- June 3, 2019
On abortion policy America has ceased to be a democracy and has become a judicial oligarchy.
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The Supreme Court re-affirms Indian treaty originalism 0
- May 22, 2019
Why do many judges and commentators abandon standard interpretative methods when addressing some parts of the Constitution? The answer is clear.
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The Supreme Court just applied originalism to an Indian treaty, so why not to the Constitution?0
- April 29, 2019
This case illustrates how judges apply originalism for almost all legal documents — except the Constitution.
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New evidence on the meaning of the Necessary and Proper Clause 0
- April 21, 2019
“. . . .the powers of this Congress are confined to what is expressly delegated to them”
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