Scalia Dissents: Writings of the Supreme Court’s Wittiest, Most Outspoken Justice edited and with commentary by Kevin A. Ring. The Opinions of Justice Antonin Scalia: The Caustic Conservative edited and with commentary by Paul I. Weizer. Justice Antonin Scalia has established himself as the foremost defender of the constitutional orthodoxy of originalism—in particular, of the [...]
The judicial branch has a particularly vital function of securing the balance of powers necessary for liberty to triumph, and so that branch’s propensity to overreach and simply dictate new law has led to an imbalance in the system as designed. The result is a broken constitutional framework for American democracy. Popular support for the [...]
My purpose is to set forth and explore the ramifications of two different conceptions or paradigms of American federalism whose roots can be traced to The Federalist essays of both Hamilton and Madison. Certain conclusions flow from this analysis that, in my judgment, are important to the conservative approach and thinking about centralization. Perhaps the [...]
In Defense of the Constitution, by George Carey (214 pages, Liberty Fund, 1995) Most Americans are puzzled that their belief in limited government is not matched by government officials who persistently intrude into their daily lives. Also, their settled beliefs regarding what is right— what they are permitted to do— and what they must not do, [...]
It is official. Obamacare is Constitutional. And we all know why: because Chief Justice Roberts says the individual mandate is not actually a mandate, it is a tax. The critical passage from the opinion nicely sums up Roberts’ decree: “The individual mandate cannot be upheld as an exercise of Congress’s power under the Commerce Clause. That Clause [...]