How One Landmark Case Shaped the Commerce Clause
In some ways, John Marshall’s opinion in Gibbons v. Ogden expanded federal power using expansive definitions of various words in the Commerce Clause. But future courts ignored an important limiting principle he included in his opinion. The commerce clause...
Is the Nomination of Amy Coney Barrett Unconstitutional?
On Oct. 10, Democratic presidential nominee Joe Biden claimed that nominating and potentially approving Amy Coney Barrett for the Supreme Court during election season was “not constitutional.” You might think Biden knows what he’s talking about. Trained as a lawyer,...
A Brief History of Court Packing
Since the death of liberal Justice Ruth Bader Ginsburg and the determination of President Donald Trump to fill her Supreme Court seat before Election Day with the traditionalist Judge Amy Coney Barrett, the concept of court packing has reared its head. The phrase...