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27 Mar 2023, 9:05 am by John Floyd
Federalist Paper #78, written by Alexander Hamilton, James Madison, and John Jay, said the need for an “independent judiciary” was “designed to be an intermediate body between the people and their legislature. [read post]
23 Mar 2023, 9:05 pm by Claire Hill
In West Virginia v. [read post]
21 Mar 2023, 7:01 am by Randy E. Barnett
(2021) Donald Drakeman, The Hollow Core of Constitutional Theory: Why We Need the Framers (2021) Jamal Greene, How Rights Went Wrong: Why Our Obsession With Rights is Tearing America Apart (2021) David Schwartz, The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. [read post]
17 Mar 2023, 7:09 am
Later, a version of interposition termed “Judicial Federalism” emerged as a constraint on federal legislative power in Printz v. [read post]
17 Mar 2023, 7:08 am by Christine Corcos
Later, a version of interposition termed “Judicial Federalism” emerged as a constraint on federal legislative power in Printz v. [read post]
22 Feb 2023, 5:13 am by Emma Snell
Alexander Tanas reports for Reuters. [read post]
25 Jan 2023, 8:00 am by Mark Graber
Constitutions work when the people are able and willing to operate constitutional institutions in ways that achieve constitutional ends. [read post]
13 Jan 2023, 6:30 am by Guest Blogger
  The Justices are busy people with urgent practical responsibilities. [read post]
3 Jan 2023, 6:30 am by Guest Blogger
The “governed”—the American people (“We the people”)—accept the system and process. [read post]
2 Jan 2023, 2:50 pm by Scott Bomboy
Madison’s next choice to replace Cushing was Alexander Wolcott, whom the Senate rejected for his role in the Embargo Act of 1807 and for his general lack of judicial experience. [read post]
30 Dec 2022, 10:32 am by Michael Oykhman
Cases such as R v Nygaard, 1989 CanLII 6 (SCC), [1989] 2 SCR 1074, R v Jacquard, 1997 CanLII 374 (SCC), [1997] 1 SCR 314, and R v More, 1963 CanLII 805 (MBCA) have helped us establish notions of what “planned and deliberate” murder entails. [read post]