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Judicial oligarchy is the wrong way to decide abortion policy

Judicial oligarchy is the wrong way to decide abortion policy

by Rob Natelson | Jun 26, 2019 | Abortion, State Bills

Nine state legislatures recently have passed laws restricting abortion. Those laws may be good or bad. That’s a different question from whether they violate the Constitution. Part of being an adult is knowing the difference between what you’d like the law to be and...
Curb on the regulatory state? Court holds corporations protected from “excessive fines”

Curb on the regulatory state? Court holds corporations protected from “excessive fines”

by Rob Natelson | Jun 18, 2019 | Court Cases

Governments often enforce economic regulations though fines far exceeding those imposed for truly criminal conduct. An agency may assess hundreds or even thousands of dollars for each day an unwary business is “out of compliance.” The Colorado Supreme Court recently...
Are we in a constitutional crisis? Yes, but it’s not what you think

Are we in a constitutional crisis? Yes, but it’s not what you think

by Rob Natelson | Jun 13, 2019 | Current Events

As several “melanges” on talk radio have illustrated, mainstream media people—always subject to crowd behavior—currently are perseverating on the idea that we are in a constitutional crisis. And, indeed, we are in a partial constitutional crisis. But it is something...
More on how National Popular Vote would import third world “elections” to America

More on how National Popular Vote would import third world “elections” to America

by Rob Natelson | Jun 8, 2019 | Elections

On May 21, the Nevada Senate approved the National Popular Vote (NPV) interstate compact. Approval was strictly party-line, with all Democrats in favor and all Republicans against. Colorado’s Democratic legislature approved NPV earlier this year. Since 1864, every...
The Supreme Court re-affirms Indian treaty originalism

The Supreme Court re-affirms Indian treaty originalism

by Rob Natelson | May 30, 2019 | Court Cases, Originalism

In a recent post,  I noted that originalism—construing a text as its makers understood it—is the standard interpretative technique for most legal documents. It is principally in interpreting some parts of the Constitution (and only since the mid-20th century) that the...
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