The Anti-Commandeering Doctrine: An Introduction
The anti-commandeering doctrine provides a powerful tool to undermine overreaching, unconstitutional federal power. So, what is this doctrine? What is it based upon? And how can it be used as an effective tool for liberty? How Do We Confront Federal Overreach? Most...
The Legacy of Lochner
The Lochner case may be one of the most remarkable cases in the whole of Constitutional law — remarkable for its influence in the development of “substantive due process.” It’s also remarkable for its role in the Court’s de-coupling of personal... The Myths of Cooper v. Aaron
In his paper, “The Irrepressible Myth of Cooper v. Aaron” published by the Georgetown Law Journal, Josh Blackman writes, “Despite its constitutional provenance and majestic grandeur, the Supreme Court of the United States operates like any other...