Many people hold the false and dangerous view that the federal court system is not only the final say on the meaning of the Constitution - but take it even further - the courts represent the “last bulwark against tyranny.”
The post Dangerous Myth: Courts are the “Last Bulwark Against Tyranny” first appeared on Tenth Amendment Center.
Lysander Spooner, in his 1850 Defence for Fugitive Slaves, took apart the notion that the Constitution means what the courts tell us it means - until they change their minds.
The post Opinion not Law: Spooner on the Judiciary first appeared on Tenth Amendment Center.
A signer of the Declaration of Independence, Chase had been impeached by the House of Representatives for his role in the Sedition Act Crisis of 1798-1799. In 1798, Congress passed an act that made it a criminal offense to criticize the President of the United States and members of Congress.
The post Today in History: Preparations Begin for Impeachment Trial of Justice Samuel Chase first appeared on Tenth Amendment Center.
Many opponents of the Constitution - and some supporters - warned us about the power of the federal court system. Time seems to have proven them right. It’s absolutely foolish to leave the fate of your liberty to the chance that five out of nine politically-connected lawyers – employed by the largest government in history – will do the right thing and limit that same government’s power.
The post The Federal Court System is Dangerous to the Constitution and Liberty first appeared on Tenth Amendment Center.
Conventional wisdom tells us federal courts will protect our rights better than state courts. This is why virtually everything is turned into a federal case. But two recent cases relating to cell phone search warrants reveal this isn't always the case.
The post Federal Courts Aren’t Always Better: Cell-Phone Search Warrant Edition first appeared on Tenth Amendment Center.
the fact that the MQD applies a clear statement rule instead of applying close textual analysis isn’t novel or contrary to originalism.
The post An Originalist Defense of the Major Questions Doctrine first appeared on Tenth Amendment Center.
I recently appeared on It's Too Late with Alan Mosley to discuss the recent Supreme Court decisions.
The post A Tale of Two Courts first appeared on Tenth Amendment Center.
In other words, an agency investigating itself is sufficient protection of individual rights.
The post Supreme Court Makes It Even Harder to Sue Abusive Federal Agents first appeared on Tenth Amendment Center.
As both Judge Napolitano and TJ Martinell argued in recent columns, this is a leading sign of an institution with far too much power - and a decaying empire.
Last week, we got a healthy dose of political theater. I honestly didn’t pay a whole lot of attention to the Kavanaugh hearings – other than what I scrolled past in my Facebook feed. On the day of Christine Blasey Ford’s testimony, I predicted how all of this will play out. Here’s what I said: “Senators will grandstand. […]