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Should We Abandon the Original Constitution?

Should We Abandon the Original Constitution?

by Brion McClanahan | Mar 31, 2023 | 14th Amendment, Audio/Video, Constitution

Should we adhere to the original Constitution of 1789 or the Constitution of 1868? You might be asking, “What is the difference?” Last year, I talked about the rise of the “Progressive Originalists”, those who buttress their loose construction on a distorted reading...
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...
The Power to Protect Is the Power to Control

The Power to Protect Is the Power to Control

by Mike Maharrey | Jan 11, 2022 | Incorporation Doctrine

Most people think the federal government should “guarantee” their rights. In other words, they think the U.S. government should police state and local governments to ensure that they don’t violate their rights. Practically speaking, the federal government does this...
Expanding Federal Power in the Name of Liberty?

Expanding Federal Power in the Name of Liberty?

by Mike Maharrey | Sep 5, 2021 | Incorporation Doctrine

The Supreme Court has become the biggest battleground in American politics. Every SCOTUS nomination inevitably devolves into a tooth-and-nail partisan fight. Supreme Court politics worm their way into every presidential election. Ilya Shapiro serves as Cato Institute...
The Supreme Court Case that Protects Cops Using Dangerous Chokeholds

The Supreme Court Case that Protects Cops Using Dangerous Chokeholds

by Mike Maharrey | Aug 18, 2021 | Court Cases, Incorporation Doctrine, Police

Even supporters of the police were shocked by the video of Officer Derek Chauvin pressing his knee on George Floyd’s neck as the restrained man struggled to breathe. Chauvin used one form of chokehold, and Floyd wasn’t the first person to be victimized by...
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