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11 Sep 2015, 1:21 pm by Stephen Griffin
  But unlike contemporary versions of originalism, these theories hold that constitutional change, even amounting to “amendment,” has occurred (on both empirical and normative grounds) and are legitimate outside Article V. [read post]
28 Mar 2018, 8:56 am by Scott Bomboy
Scott Bomboy is the editor in chief of the National Constitution Center. [read post]
11 Apr 2023, 8:44 am by Neil H. Buchanan
Buchanan One of the safest bets in recent years was that Republicans would conveniently drop the pretense that they believe in states' rights as soon as their manufactured Supreme Court super-majority handed them their long-sought repeal of Roe v. [read post]
10 Apr 2020, 1:16 pm by John Floyd
Supreme Court gave us Dred Scott, and state legislatures gave us Jim Crow. [read post]
1 Oct 2018, 9:12 am by Scott Bomboy
Scott Bomboy is editor in chief of the National Constitution Center. [read post]
17 Sep 2017, 9:30 pm by Cary Coglianese
Even when no federal law exists to conflict with state or local regulation, subnational rules can be unlawful if their burden on interstate commerce is “clearly excessive in relation to the putative local benefits”—a test the Supreme Court announced in Pike v. [read post]
20 Oct 2017, 2:49 am by NCC Staff
Scott Bomboy is the editor in chief of the National Constitution Center. [read post]
10 Mar 2018, 4:34 am by William Ford
Robert Chesney dissected the most important disputes in Doe v. [read post]
8 May 2020, 6:30 am by Guest Blogger
This resulted in large part, they suggest, from the rise of an ideology of white supremacy increasingly entrenched in the new “democratic, states’-rights Constitution” epitomized, in their view, in Dred Scott. [read post]
6 May 2010, 2:30 pm by Erin Miller
The first is Stevens’ dissent in Scott v. [read post]
27 Jun 2022, 9:00 pm by Eric M. Freedman
The Supreme Court upheld the action.When in the now-celebrated case of Marbury v. [read post]
3 Sep 2009, 2:09 am
(The Court extended the rule in 1995 in Kyles v. [read post]