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Unprecedented Judicial Power: Antifederalist Brutus No. 11

Unprecedented Judicial Power: Antifederalist Brutus No. 11

by Michael Boldin | Oct 20, 2021 | Antifederalists, Audio/Video, Brutus, Judiciary, Path to Liberty

In his 11th essay, Brutus begins his examination of the federal judiciary – and he’s not happy with it at all. Concerns include indefinite legal terms, the nature of power, and precedent – all enabling the courts to “mould the government into almost any...
Supreme Court, Precedent and the Constitution

Supreme Court, Precedent and the Constitution

by Michael Boldin | Sep 21, 2020 | Audio/Video, Judiciary, Path to Liberty

Stare decisis is the doctrine of precedent – that a court should rule the way a previous court did – even when the judges of the second court disagree with the earlier. Is there a way to apply this doctrine without putting the precedent at a higher...
Qualified Immunity Won’t be Ended by the Federal Courts

Qualified Immunity Won’t be Ended by the Federal Courts

by Michael Boldin | Aug 26, 2020 | Audio/Video, Court Cases, Judiciary, Path to Liberty, Police

Two more cases in the federal court system – and both times the judges agreed that rights were violated, but granted qualified immunity to police anyway. Path to Liberty: August 26, 2020 https://traffic.libsyn.com/secure/tentherradio/path-082620.mp3Podcast: Play...
Allen v. Cooper: When is a Precedent “Extended”?

Allen v. Cooper: When is a Precedent “Extended”?

by Michael D. Ramsey | Mar 27, 2020 | Court Cases

In Allen v. Cooper, decided Monday, the Supreme Court held unanimously (with some concurrences) that Congress lacked constitutional authority to abrogate state sovereign immunity for claims of copyright infringement.  The opinion relied heavily on the Court’s...
Stare Decisis: Precedent vs the Constitution

Stare Decisis: Precedent vs the Constitution

by Michael Boldin | Nov 12, 2019 | Audio/Video, Judiciary, Supremacy Clause, Tenther Essentials

TAC memberships help us produce more educational tools like this. Members can download this video and read the full transcript here. As the founders widely understood, the Constitution is supreme. And it remains supreme even if the opinion of the Supreme Court...
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