Judiciary

Thoughts on Moore v. United States

by Michael D. Ramsey | Sep 21, 2023 | 16th Amendment, Court Cases

As part of this year’s Constitution Day event at USD Law School, I took a closer look at Moore v. United States, the pending U.S. Supreme Court tax case with significant originalist implications. It turns out to be a harder case than I had thought at first. The...

The Highly Political and Misunderstood Case of Moore v. Harper

by Rob Natelson | Jul 20, 2023 | Court Cases, Times Places and Manner Clause

Among the Supreme Court cases decided this year, none has been more misunderstood than Moore v. Harper (pdf). The Moore case illustrates how difficult some of the court’s work can be. It also illustrates the ignorance and partisanship of many legal commentators and...

Opinion not Law: Spooner on the Judiciary

by Michael Boldin | Apr 24, 2023 | Audio/Video, Judiciary, Path to Liberty

Lysander Spooner, in his 1850 Defence for Fugitive Slaves, took apart the notion that the Constitution means what the courts tell us it means – until they change their minds. Path to Liberty: April 24, 2023...

DOJ vs Missouri 2nd Amendment Preservation Act: Round 1, Feds Win

by Michael Boldin | Mar 8, 2023 | Audio/Video, Court Cases, Path to Liberty, Right to Keep and Bear Arms, State Bills

The first round of the federal lawsuit against the Missouri Second Amendment Preservation Act (SAPA) is in – and the feds won this one, but that shouldn’t be a surprise to anyone. An appeal is on the way, and if you want to learn all the ins-and-outs of the case...

Federal Courts Fail to Protect Liberty

by Michael Boldin | Feb 24, 2023 | Audio/Video, Court Cases, Path to Liberty, Qualified Immunity, Right to Keep and Bear Arms, Surveillance

If they can violate your rights and get away with it – because they said so – you never really had any rights in the first place. This week’s reports include: -Surveillance Stans on Scotus -2nd Amendment Preservation Act -Nullify Qualified Immunity...

Today in History: Preparations Begin for Impeachment Trial of Justice Samuel Chase

by Dave Benner | Nov 30, 2022 | Impeachment, Judiciary

Today in 1804, the Jeffersonian Republican-controlled United States Senate appointed a committee to plan the impeachment trial of Supreme Court Justice Samuel Chase. A signer of the Declaration of Independence, Chase had been impeached by the House of Representatives...

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The 10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

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