SCOTUS is too powerful. How can we change that?
All of the hand wringing on both sides could be solved by one simple word: federalism.
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Politicization of the Supreme Court not as Easy as Supposed
A confirmation of Justice Brett Kavanaugh, because he may have once opposed Roe V. Wade on abortion, is not likely to be as threatening as portrayed by the media.
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Twelfth Amendment and the Electoral College: Electors’ Right to Vote Their Conscience
Independence Institute Court Brief Uphold’s Founders’ View of Electoral College
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A Rare Win at the Supreme Court
I don’t normally get very excited about what the Supreme Court does. But when it’s right, it’s right!
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Supreme Court Betting on College Sports
In a baby step back toward protecting reserved State Powers, the Supreme Court on Monday overturned a twenty-five year old federal law called The Professional and Amateur Sports Protection Act (PASPA). The Act was originally signed into law in 1992 to target organized markets for sports gambling. This federal law was not a flat ban on sports-gambling schemes, but only a law that prohibited States from permitting sports gambling by State law.
DetailsWarning: A Federal Court Strategy is Dangerous for Liberty
Some people believe that even the most local violations of your rights should be dealt with in federal court. But going this route only ensures that bad decisions are bad for everyone.
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The Myth of Marbury v Madison
The Constitution itself is supreme, not the opinion of any person or group of people in any branch of government.
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Was Marbury v. Madison Good for American Government?
Take any American history or political science course and you are certain to talk about the landmark Supreme Court case of Marbury v. Madison. I could probably also surmise that you will be told this is precisely the role the Constitution gave the judicial branch.
That, of course, would be wrong, but this would be one of many events the modern American educational system muffs on a regular basis.
DetailsReviving the Nondelegation Doctrine
“Gorsuch’s standard would still be important, as it would strike down a delegation arguably for the first time since the New Deal. And once that occurs, it becomes easier for the Court to strike down other delegations.”
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