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The Supreme Court Gets It Wrong Even While Getting It Right

The Supreme Court Gets It Wrong Even While Getting It Right

by Suzanne Sherman | Jul 1, 2019 | 1st Amendment, Court Cases, Incorporation Doctrine

Conservatives are cheering the recent opinion by the United States Supreme Court allowing a cross to remain on public land. But should they be? In 1918, residents of Prince Georgeโ€™s County, Maryland, formed a committee for the purpose of erecting a memorial for the...
Giving Federalism the Middle Finger

Giving Federalism the Middle Finger

by Suzanne Sherman | Mar 22, 2019 | 14th Amendment, 1st Amendment, Bill of Rights, Constitution, Incorporation Doctrine

The impulse to turn everything into a federal case – even something a personal as an obscene finger gesture – flips the middle finger at the political system the founders created. Whether you agree with the behavior or not, the โ€œrightโ€ to wave your middle...
The McDonald Case Was an Originalism Failure

The McDonald Case Was an Originalism Failure

by Suzanne Sherman | Sep 29, 2018 | 14th Amendment, 2nd Amendment, Court Cases

Perhaps the most significant and long-lasting legacy of Donald Trump’s presidency will be his appointments to the United States Supreme Court. Supporters of candidate Trump expressed excitement over the opportunity for a Republican President to appoint a jurist...
How Heller Botched the Second Amendment

How Heller Botched the Second Amendment

by Suzanne Sherman | Aug 22, 2018 | 2nd Amendment, Court Cases, Incorporation Doctrine, Judiciary, Right to Keep and Bear Arms

Ask any gun enthusiast about the basis or origins of our right to keep and bear arms, and many will undoubtedly bring up the landmark case District of Columbia et al. v. Heller, decided by the United States Supreme Court in 2008. This case is touted as the vindication...
Giving Federalism the Middle Finger

Charlottesville: Blame the Incorporation Doctrine

by Mike Maharrey | Sep 21, 2017 | 14th Amendment, Current Events, Incorporation Doctrine

There was plenty of blame and finger-pointing in the aftermath of the Charlottesville protests. One woman died and at least 33 people suffered injuries when right-wing and left-wing groups clashed during the Unite the Right Rally. Two state troopers also died when...
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