Justice Ginsburg’s possible incapacity and the case for term limits
- CONSTITUTION, Supreme Court
- February 11, 2019
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Some of the Colorado Supreme Court’s Mistakes in the Douglas County School Choice Case0
- CONSTITUTION, Supreme Court
- October 22, 2015
As people who follow education reform already know, the Colorado Supreme Court recently struck down the Douglas County school board’s school choice program. It did so based on Article IX, Section 7 of the state constitution. This is sometimes called Colorado’s “Blaine Amendment,” although that phrase is technically a misnomer. Actually, the Blaine Amendment was
READ MOREEvidence on the Powers the Constitution Leaves Exclusively to the States0
- CONSTITUTION, Uncategorized
- May 18, 2015
This column also appears at CNSNews. The Constitution enumerates the powers of the federal government. But has anyone listed the exclusive powers of states—the realm the federal government may not invade without violating the Constitution? When discussing state authority, the Founders usually pointed out only that the federal government’s powers were, as Madison said, “few
READ MOREConservatives need to support trial by jury, too0
- CONSTITUTION
- June 18, 2014
Although I’ve often criticized the constitutional tone-deafness of “progressives,” conservatives can sometimes exhibit such tendencies as well. Over at The Seventh Amendment Advocate, Andy Cochran points out why trial by jury in civil cases—as guaranteed by the Seventh Amendment—is important, and how some conservatives disregard it. The problem arises because when constituency politics often trumps
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Supreme Court’s Obamacare Decision Renders Federal “Tort-Reform” Bill Unconstitutional0
- CONSTITUTION, ObamaCare, Supreme Court, Uncategorized
- October 18, 2013
Just to show you that hypocrisy is alive and well in Washington, D.C. (as if you didn’t know), Title V of the Republican bill to “repeal and replace Obamacare” contains some of the same constitutional problems that led 27 states to challenge Obamacare. Under Title V, Congress would partially assume command of state jury trials
READ MOREDid the Founders’ Constitution Permit Federal Tort Reform?0
- CONSTITUTION, Uncategorized
- November 23, 2012
NOTE: The photo shows the author at the sundial in James Madison’s garden at Montpelier, VA. On behalf of the national Chamber of Commerce, super-lawyer Paul Clement has authored a new paper arguing that federal tort reform is constitutional. The paper begins with a section purporting to show that the Framers’ Commerce Clause was broad
READ MOREObamacare Decision Suggests U.S. Malpractice Bill Unconstitutional0
- CONSTITUTION, ObamaCare, Supreme Court, Uncategorized
- July 27, 2012
Little-noticed amid the commentary on the Supreme Court’s health care decision is the decision’s blow to congressional efforts to federalize medical malpractice law—a potential element of the Republican plan to “replace Obamacare.” Medical malpractice cases, like most areas of civil justice, traditionally are judged by state courts under state law rather than by the national
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