Turning the Constitution on its Head
by Kevin R.C. Gutzman With its decision in Nordyke v. King last week, in which the recent Supreme Court Heller decision was applied to state law, the Ninth U.S. Circuit Court of Appeals took another...
View ArticleThe 2nd Amendment and the States
by Patrick Krey, The New American There are few topics that can divide people who are normally ideological bedfellows like the legal doctrine of the “incorporation†of the Bill of Rights against...
View ArticlePhony Originalism
by Kevin R.C. Gutzman, Taki’s Magazine Since the days of Ronald Reagan and Edmund Meese, the Republican Party’s position has been that judges should be bound by the people’s understanding of a...
View ArticleKevin Gutzman: Freedom vs the Courts
Add to iTunes Kevin Gutzman, best-selling author and expert on American Constitutional history, discusses the 14th Amendment and the Incorporation Doctrine, how the doctrine has given us government by...
View ArticleGunning Down the Constitution
by Jack Hunter, from The American Conservative When the City of Chicago banned all handguns recently, countless Americans rightly cried foul. When it looked like the Supreme Court might overturn the...
View Article2nd Amendment Victory? An Opposing View
by Rick Montes, New York Tenth Amendment Center The recent Supreme Court case, McDonald v. City of Chicago, has gun rights advocates celebrating. The National Rifle Association and the true champion of...
View ArticleGun Liberty and McDonald
by Laurence Vance, Campaign for Liberty It has been said that eternal vigilance is the price of liberty. This is especially true when it comes to gun liberty, since there are many organizations and...
View ArticleFirst Amendment Decision Unrelated to the First Amendment
by Robert G. Natelson Commentators and journalists sometimes describe the current U.S. Supreme Court as “conservative.” But that’s not true if your definition of a conservative justice is a...
View ArticleIncorporation of the Bill of Rights in the Fourteenth Amendment
by Raoul Berger EDITOR’S NOTE: The following is an excerpt of the book Government by Judiciary: The Transformation of the Fourteenth Amendment, Foreword by Forrest McDonald (2nd ed.) (Indianapolis:...
View ArticleStates’ Rights: The Key to Restoring Liberty
State’s rights isn’t a dirty word! In fact, State’s rights is the key to restoring liberty in America. So said Brion McClanahan during a recent podcast episode. This review of The Brion McClanahan Show...
View ArticleThe Supremacy Clause and the Bill of Rights
Many Americans believe the Bill of Rights apply to state and local governments. Most who hold this position rely on the 14th Amendment and the “incorporation doctrine” to support their position. But...
View ArticleCharlottesville: Blame the 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...
View ArticleHow Heller Botched the Second Amendment
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...
View ArticleTurning the Constitution on its Head
by Kevin R.C. Gutzman With its decision in Nordyke v. King last week, in which the recent Supreme Court Heller decision was applied to state law, the Ninth U.S. Circuit Court of Appeals took another...
View ArticleThe 2nd Amendment and the States
by Patrick Krey, The New American There are few topics that can divide people who are normally ideological bedfellows like the legal doctrine of the “incorporation†of the Bill of Rights against...
View ArticlePhony Originalism
by Kevin R.C. Gutzman, Taki’s Magazine Since the days of Ronald Reagan and Edmund Meese, the Republican Partyâ€s position has been that judges should be bound by the peopleâ€s understanding of a...
View ArticleThe McDonald Case Was an Originalism Failure
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...
View ArticleGiving Federalism the Middle Finger
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...
View ArticleThe Supreme Court Gets It Wrong Even While Getting It Right
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 George’s County, Maryland,...
View ArticleSupreme Court Simultaneously Tramples State Sovereignty and Fourth Amendment
A case recently decided by the U.S. Supreme Court once again reveals the inherent danger of placing virtually unlimited authority in the federal judiciary and centralizing decision making for 50...
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