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โ€œThe powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.โ€

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The Anti-Commandeering Doctrine: An Introduction

The Anti-Commandeering Doctrine: An Introduction

by Mike Maharrey | Jan 4, 2021 | Anti-Commandeering Doctrine

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...
Federalism Gets the Bird for Thanksgiving

Federalism Gets the Bird for Thanksgiving

by Suzanne Sherman | Nov 28, 2020 | Court Cases, Current Events, Incorporation Doctrine

In what many consider a Thanksgiving gift for religious liberty, the United States Supreme Court struck down occupancy limits for church gatherings in New York. The restrictions were implemented by Governor Andrew Cuomo in an attempt to thwart the spread of the...
Is Court Packing Constitutional?

Is Court Packing Constitutional?

by Michael Rappaport | Nov 14, 2020 | Judiciary, Necessary and Proper Clause

One of the major issues in the run-up to the election was whether Democrats planned to follow-through on threats to pack the Supreme Court in response to President Trumpโ€™s appointment of three justices. As Republican control of the Senate appears more and more likely,...
Is the Nomination of Amy Coney Barrett Unconstitutional?

Is the Nomination of Amy Coney Barrett Unconstitutional?

by Rob Natelson | Oct 24, 2020 | Article II, Current Events, Judiciary

On Oct. 10, Democratic presidential nominee Joe Biden claimed that nominating and potentially approving Amy Coney Barrett for theย Supreme Courtย during election season was โ€œnot constitutional.โ€ You might think Biden knows what heโ€™s talking about. Trained as a lawyer,...
A Brief History of Court Packing

A Brief History of Court Packing

by Judge Andrew Napolitano | Oct 21, 2020 | Current Events, Judiciary

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...
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