Search for: "Holmes v. Powers"
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7 Jun 2019, 6:30 am
Popular sovereignty meant, as Holmes argued, that even "tyrannical" laws should be upheld if they represented the wishes of legislative majorities. [read post]
1 Jun 2019, 1:01 am
Near v. [read post]
31 May 2019, 6:00 am
Apart from his ACA decisions, in his dissent in Obergefell v. [read post]
18 May 2019, 11:57 am
Perhaps the most impactful opinion to come from the 1919 free speech cases was Justice Holmes’s dissent in Abrams v. [read post]
9 May 2019, 2:00 am
” The Chief Justice added that “as his selection of administrative officers is essential to the execution of the laws by him, so must be his power of removing those for whom he can not continue to be responsible…” Dissent in Myers v United States Justices Louis Brandeis, James Clark McReynolds, and Oliver Wendell Holmes authored dissenting opinions. [read post]
3 May 2019, 7:21 am
As Justice Oliver Wendell Holmes famously suggested in 1919 in Schenck v. [read post]
30 Apr 2019, 7:22 am
But in light of Holmes's own reticence, it's important to remember that this is not the only possible approach; that history and legal theory do offer alternatives; that different polities can choose, through their own constitutional systems, the powers they want their judges to enjoy. [read post]
8 Apr 2019, 6:00 am
Certainly, Donald Trump exhibits no respect for Roberts, whatever his willingness to rubber-stamp executive power in the Hawaii case.) [read post]
29 Mar 2019, 5:24 pm
Yet, no one involved appears to have questioned the federal courts’ power to order the whole arrangement unraveled. [read post]
29 Mar 2019, 5:24 pm
Yet, no one involved appears to have questioned the federal courts’ power to order the whole arrangement unraveled. [read post]
29 Mar 2019, 5:24 pm
Yet, no one involved appears to have questioned the federal courts’ power to order the whole arrangement unraveled. [read post]
17 Dec 2018, 8:02 am
He was not able to avoid the issue in Buck v. [read post]
6 Nov 2018, 8:06 am
Buck v. [read post]
31 Oct 2018, 9:46 am
Boca Raton and Burlington Industries, Inc. v. [read post]
25 Oct 2018, 8:42 am
In the 1919 case McKinley v. [read post]
20 Oct 2018, 12:45 pm
Within Dolan v. [read post]
6 Aug 2018, 11:43 am
Davis and Helvering v. [read post]
22 Jul 2018, 1:39 pm
Holmes Co. v. [read post]
15 Jul 2018, 9:01 pm
Davis v. [read post]
20 Jun 2018, 11:53 am
It is, as Chief Justice John Marshall observed of the commerce power in McCulloch v. [read post]