The Myth of Marbury v Madison

The common understanding of the famous Marbury v. Madison case is that it established the authority of the Supreme Court to determine what the Constitution says. From there, it’s held that the Court gets to determine the limitations placed on the federal government as well as the states. In short, the rest of the federal government, and the states, are bound by what the Supreme Court decides.

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King v. Burwell: Senator Nelson’s Letter, The Irrelevant “Bombshell”

by Michael Cannon, CATO Institute

The plaintiffs in King v. Burwell claim the Patient Protection and Affordable Care Act only offers premium subsidies, as the statute says, “through an Exchange established by the State.” Members of Congress who voted for the PPACA – most recently Sen. Bob Casey (D-PA) and former Sen. Ben Nelson (D-NE) – now swear it was never their intent to condition Exchange subsidies on state cooperation.


Must the Federal Government Honor an “Equal Protection” Rule?

At first glance at the Constitution’s text, it would appear not. There is no general Equal Protection Clause in the Constitution applying to the federalgovernment—although there are a lot of clauses requiring equal treatment in specific situations. The Equal Protection Clause in the Fourteenth Amendment is general in nature, but it applies explicitly only to stategovernments.


Justices Make It Tougher for State Universities to Discriminate, But Not Tough Enough

Fisher v Texas(This is the third of several short commentaries on recent Supreme Court decisions. see HERE and HERE)

The Supreme Court’s recent decision in Fisher v. University of Texas has made it tougher for state universities to run their ethnic spoils systems. But not tough enough.

First, the background:

The Fourteenth Amendment requires states to extend “equal protection of the laws” to their citizens. The primary goal of the Equal Protection Clause was to stop states from discriminating against racial and ethnic groups. But the actual wording of the Clause covers more than just racial and ethnic discrimination.