The Right to Create Your Own Universe?

By |2019-04-25T12:01:47-05:00August 17th, 2018|Categories: Abortion, American Republic, Homosexual Unions, Marriage, Politics, Rights, Supreme Court, Supreme Court Precedent Series|

The Supreme Court apotheosized the right of privacy in its now-famous words: “At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life”… Editor’s Note: This essay continues a discussion of the Supreme Court’s sexual “right of privacy” cases, [...]

Does the Supreme Court Really Respect Precedent?

By |2020-09-19T15:40:26-05:00July 30th, 2018|Categories: Abortion, American Republic, Marriage, Politics, Supreme Court, Supreme Court Precedent Series|

Judges and politicians constantly talk of the importance of respecting precedent. But It is not unusual for the Supreme Court to overturn its own precedents. What does legal history say about the importance of precedent in modern jurisprudence? Responding to President Donald Trump’s nomination of federal appeals-court Judge Brett Kavanaugh to the Supreme Court, [...]

Anthony Kennedy’s Jurisprudence of Extreme Individualism

By |2018-07-10T22:23:57-05:00July 10th, 2018|Categories: American Republic, Bruce Frohnen, Politics, Rights, Supreme Court|

The paradigm motivating Justice Kennedy’s jurisprudence is of an individual who must be protected by the courts from all outside pressures. The result has been increasing hostility toward the fundamental institutions on which our constitutional order relies… Justice Anthony Kennedy Justice Anthony Kennedy’s tenure on the Supreme Court was filled with irony. Had [...]

The Supreme Court Decides on Gerrymandering

By |2018-06-24T23:06:32-05:00June 24th, 2018|Categories: American Republic, Government, Politics, Supreme Court, Thomas R. Ascik|

With the Supreme Court’s decision in Gill v. Whitford, the door is now open under the right political circumstances for state courts to take over political redistricting. And the constitutional changes will be permanent… In the Wisconsin political-gerrymandering case, Gill v. Whitford, decided by the Supreme Court last week, the Court avoided ruling on the substantive [...]

The “Masterpiece” Decision: Half a Cake Is Better Than None

By |2018-06-08T22:53:34-05:00June 6th, 2018|Categories: Free Speech, Freedom of Religion, Homosexual Unions, Supreme Court, Thomas R. Ascik|

Though Masterpiece is a decision upholding religious liberty, the Supreme Court’s ruling makes it clear that free speech about homosexuality does not enjoy broad protections… In the first of two momentous cases on its docket as to whether some Americans can be left alone as dissenters from the punishing orthodoxies of the progressive society and [...]

Will the Supreme Court Tell Pro-Lifers What to Say?

By |2018-03-15T23:35:12-05:00March 15th, 2018|Categories: Abortion, Free Speech, Supreme Court|

By state law, the state of California is now forcing pregnancy-support centers, whose sole purpose for existence is to offer alternatives to abortion, to “conspicuously” notify pregnant women of where they can receive abortions. The centers have objected that the law violates the Free Speech Clause of the First Amendment by compelling them to [...]

Going Rogue: When Our Courts Join the Democratic Opposition

By |2018-02-01T22:10:16-06:00February 1st, 2018|Categories: Constitution, Supreme Court, Thomas R. Ascik|

With a “clear, plain, and palpable” eagerness to seize control of the Pennsylvania congressional map in time for the 2018 mid-term elections, the Pennsylvania Supreme Court has gone beyond judicial activism and joined with the Democrats in their attempt to win control of the U.S. Congress. The details of how this came about and [...]

Of Cakes, Coercion, and the Constitution

By |2018-01-22T09:28:52-06:00December 3rd, 2017|Categories: Homosexual Unions, Supreme Court, Thomas R. Ascik|

If governments can directly instruct families about what to believe concerning homosexuality and about the correct frame of mind to have in conducting daily business, it is hard think that the policies and practices of religious schools and other institutions, like hospitals, will be left alone... In Obergefell v. Hodges, the 2015 decision of the [...]

Making Political Gerrymandering a Constitutional Issue?

By |2018-01-22T09:36:34-06:00October 10th, 2017|Categories: Constitution, Supreme Court, Thomas R. Ascik|

In the potentially momentous case considering the issue of “political gerrymandering,” the Supreme Court last week spent almost no time discussing and demanding that the litigating parties address the language of the Constitution. In Gill v. Whitford, Wisconsin Democrats had won a 2-1 ruling of a three-judge federal district court that the 2010 re-apportionment [...]

Why Do We Have Confirmation Hearings?

By |2020-09-25T00:03:50-05:00April 2nd, 2017|Categories: Bruce Frohnen, Constitution, Politics, Supreme Court|

It is understandable that confirmation hearings should sometimes become contentious and even partisan. But the past half-century has seen the infection of the process by serious contentions that go to the heart of constitutional governance itself. Confirmation hearings have a noble place in the American political tradition. They are necessary so that Senators may [...]

Are “Hate” and “Racist’’ Speech Protected by the Constitution?

By |2019-11-12T15:10:52-06:00March 26th, 2017|Categories: Constitution, Featured, First Amendment, Free Speech, Supreme Court|

Freedom of speech and press is the lifeblood of a free society. And the abuse of free speech, however outrageous, is the price we must pay for this freedom... Recently, I was asked by a federal judge to appear on a panel of three at an Inns of Court in Houston on the topic, “Free [...]

Restoring Popular Self-Government

By |2019-07-09T10:45:30-05:00February 22nd, 2017|Categories: American Founding, Featured, Federalist Papers, George W. Carey, Supreme Court|Tags: |

Only with a conservatism anchored in the presumptions and principles of the Founders, in their understanding of constitutionalism and in the proper functions of each of the branches, are we prepared to do battle with the children of the Enlightenment… The most notable change in the American Republic over the last forty years has [...]

Time to Clip the Courts’ Wings?

By |2017-04-06T01:15:47-05:00February 10th, 2017|Categories: Donald Trump, Featured, Pat Buchanan, Presidency, Supreme Court|

That a district judge would overrule the President of the United States on a matter of border security in wartime is absurd. And only someone ignorant of history can view President Trump’s disparagement of the judge blocking his travel ban as frightening… “Disheartening and demoralizing,” wailed Judge Neil Gorsuch of President Trump’s comments about [...]

Judge Gorsuch and the Loss of Our Common Mind

By |2017-02-06T22:00:29-06:00February 6th, 2017|Categories: Bruce Frohnen, Constitution, Rule of Law, Supreme Court|

Textualism is a compromise, or rather a lowest common denominator, that can allow for a renewal of the rule of law. Still, it rests on a great loss—that of the common mind of our people… Neil Gorsuch, President Trump’s nominee to fill late Justice Antonin Scalia’s spot on the Supreme Court, might follow other [...]

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