The idea that slavery could ever return in the United States may sound unthinkable, yet American constitutional law leaves gaps that, if exploited, could allow extreme possibilities. With the Supreme Court shifting further to the right in recent years, the once-settled Thirteenth Amendment is not as untouchable as many assume. Article IV and the Legacy […]
Read MoreBy the time Harvard reached the Court, the patient was already on life support. Bakke had made sure of that. Decades of slow, methodical rulings had drained affirmative action of its lifeblood, replacing it with a fragile fiction called “diversity.”
Read MoreIn the cold, indifferent machinery of the American legal system, three justices—Ginsburg, Scalia, and Murphy—dared to howl against the iron consensus of their peers. Alone in the judicial void, they each lit a solitary candle in a courtroom long surrendered to silence, fear, or compromise. Their dissents, unheeded in their time, read now like deathbed […]
Read MoreOn the surface, National Federation of Independent Business v. Sebelius was about health care—Obamacare, they called it. But beneath that clean, bureaucratic title, the case revealed something far darker: a confrontation with the question of whether the government could compel you to live, act, breathe… and buy.
Read MoreIn the eerie stillness of America’s legal halls, a chilling precedent was set. Lopez v. United States declared that merely possessing a gun in a school zone was not a crime—at least not one the federal government could touch. The message was unspoken but clear: the gun could stay.
Read MoreZombie laws lurk in the darkened corridors of justice, undead terrors waiting for their moment to claw back from the grave of forgotten nightmares. Thought destroyed by the guardians of liberty, these sinister statutes lie in wait, hungry to devour the freedoms we take for granted.
Read MoreCongress wields more power than a Bond villain with a grudge. Thanks to the Exceptions Clause, they can slice and dice the Supreme Court’s appellate jurisdiction like a cheap steak. Imagine the Supreme Court ruling on a case Congress doesn’t like—Congress could just flip the table, snatch the gavel, and yell, “Not today!”
Read MoreThe U.S. Constitution does not require the Supreme Court to resolve disputes. And who benefits the most from this? Often, it’s criminals. In the past, the Court has avoided ruling on certain cases by either delaying decisions or remanding them to lower courts. Many cases involving the 14th Amendment and due process have been postponed […]
Read MoreOhio vs. Bradenbury: yet another Supreme Court free speech case so toxic, even the Justices wouldn’t touch it with their names. Can you blame them? It’s not every day you want the KKK’s RSVP to your next barbecue. And when it came to assigning liability, the Court basically said, “Nah, we’re good.”
Read MoreHere’s a quick illustration of Cedar Point Nursery v. Hassid. Imagine you’re a nursery owner, minding your own business, watering your prized saplings. Enter stage left: the government, clipboard in hand, announcing, “Congratulations! You’ve just been awarded the privilege of sharing your property with whoever we say, whenever we say. But don’t worry—it’s not all […]
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