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Lysander Spooner’s Case Against Judicial Supremacy

Lysander Spooner’s Case Against Judicial Supremacy

by Michael Boldin | Mar 24, 2025 | Constitution, Founding Principles, Judiciary

“An unconstitutional judicial decision is no more binding than an unconstitutional legislative act.” That was Lysander Spooner, utterly rejecting the doctrine of judicial supremacy – the dangerous notion that a judicial opinion becomes law simply because judges...
New Mexico “Emergency” Gun Ban a Violation of the Right of Self Defense

New Mexico “Emergency” Gun Ban a Violation of the Right of Self Defense

by Mike Maharrey | Sep 14, 2023 | 2nd Amendment, Incorporation Doctrine

New Mexico Gov. Michelle Lynn Lujan Grisham’s “emergency” order banning the carrying of firearms in Albuquerque and Bernalillo County is a violation of the natural rights of the people, and likely a violation of the state constitution as well....
One reason judges make mistakes about the Constitution

One reason judges make mistakes about the Constitution

by Rob Natelson | Sep 4, 2022 | Constitution, Founding Principles, Judiciary

Many Americans complain when the courts allow Congress and federal officials to violate the Constitution. Why does that happen? There are several reasons, but here’s one that few people appreciate: Often when judges are called on to interpret a word or phrase in the...
Yet Another Federal Court Fail

Yet Another Federal Court Fail

by Mike Maharrey | Mar 17, 2022 | Court Cases, Incorporation Doctrine

Conservatives and libertarians often count on the federal courts to “protect their rights.” This is a bad strategy. Most of the time it fails. Instead of protecting rights, federal courts hand down bad precedents that end up applying to the entire United States. Yet...
Record Shows Supreme Court Overwhelmingly Protects Federal Power

Record Shows Supreme Court Overwhelmingly Protects Federal Power

by TJ Martinell | Dec 22, 2021 | Court Cases, Judiciary

One of the most prevalent political strategies is to sue and hope federal courts rein in unconstitutional federal overreach. But evidence shows it almost never turns out that way. While some justices and Supreme Court opinions have restricted federal power over the...
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