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Precedent: Letting Yesterday’s Crimes Justify Tomorrow’s Tyranny

Precedent: Letting Yesterday’s Crimes Justify Tomorrow’s Tyranny

by Michael Boldin | Apr 30, 2025 | Founding Principles, History

“One of the vilest systems that can be set up.”  That’s how Thomas Paine described government by precedent – when government uses power not because it’s authorized, but because someone else got away with it first. No constitution. No...
Liberty, Power, Precedent and the People

Liberty, Power, Precedent and the People

by Michael Boldin | Dec 21, 2022 | Founding Principles, John Dickinson

While most people have never heard his name today, Founding Father John Dickinson was famous at the time of the Revolution. In 1767, he authored the 12 “Letters from a Farmer in Pennsylvania” in response to the hated Townshend Acts.  These essays quickly became the...
Federal Judges Protect and Defend Precedent

Federal Judges Protect and Defend Precedent

by Mike Maharrey | Oct 5, 2021 | Current Events, Judiciary

A nominee for a seat on a U.S. Court of Appeals revealed exactly why we can’t count on federal judges to “protect and defend” the Constitution. Their commitment is to protect and defend past court precedent. Joe Biden nominated Eunice C. Lee, for a...
Why “Precedent” Is a Bad Measure of a Law’s Worth

Why “Precedent” Is a Bad Measure of a Law’s Worth

by Tenth Amendment | Jun 2, 2018 | Court Cases, Judiciary

by Gary Galles, Mises Institute Whenever the Supreme Court’s end-of-the-term “announcement season” comes around, I am reminded of the importance of handling precedent correctly under a Constitution that is supposed to remain “the supreme law of the land.” Such a...
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