Dean Chemerinsky is arguing against a form of originalism that hasn't been widespread since the 1980s.
The post Dean Chemerinsky is Wrong on Originalism (Again) first appeared on Tenth Amendment Center.Take any American history or political science course and you are certain to talk about the landmark Supreme Court case of Marbury v. Madison. I could probably also surmise that you will be told this is precisely the role the Constitution gave the judicial branch. That, of course, would be wrong, but this would be…
On Tuesday the U.S. Supreme Court, heard oral arguments regarding the constitutionality of the individual mandate, the single most talked-about provision contained in the health care “reform” act passed by a deeply divided Congress in 2010. Listening to the audio and reading the transcript was a textbook example of the “echo chamber effect,” which, in… more
Editor’s Note: For an overview of the health care case oral arguments at the Supreme Court, click HERE. “Nothing is certain but death and taxes,” they say. Unfortunately, there’s some UNcertainty about what is, and is not, a tax at the U.S. Supreme Court, and Monday we all got a chance to listen in on… more
I’ve been fascinated in listening to the oral arguments at the Supreme Court (click HERE for basic information about the argument schedule and subjects to be covered). But, I’ve also been frustrated. It’s as if I am a child, out in a corridor, listening to a conversation coming from inside a room. It’s a strange… more
Remember COICA, the controversial bill that threatened free speech on the internet? Well, it was defeated (for now). read more