The Supreme Court: Usurping the Legislative and Taxing Power

By |2019-06-25T17:07:11-05:00November 18th, 2018|Categories: American Republic, Constitution, Supreme Court Precedent Series, Thomas R. Ascik|

“Precedence,” as well as following or overturning precedents, is not limited to what is decided in new cases. It is also concerns the adherence to established principles of judicial jurisprudence. Without both kinds of precedence, there is no limit to the power of the judiciary... In the last installment of this survey of the judicial principle [...]

The Supreme Court’s Most Unprecedented Case?

By |2018-10-09T11:13:21-05:00October 8th, 2018|Categories: Homosexual Unions, Supreme Court, Supreme Court Precedent Series, Thomas R. Ascik|

In the case of United States v. Windsor, the Supreme Court found that the Constitution required formal, legal, and constitutional recognition of homosexual marriage. And yet if the Court had followed its own precedents, it would have ruled that Edith Windsor lacked the legal standing to file her original lawsuit... In Lawrence v. Texas (2003), [...]

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 |2018-10-08T14:40:19-05:00July 30th, 2018|Categories: Abortion, American Republic, Marriage, Politics, Supreme Court, Supreme Court Precedent Series|

Would the confirmation of Brett Kavanaugh have a profound impact on the jurisprudence of the Supreme Court? In other words, would his addition to the Court eventually have a broad and historic impact equal to that of Justice Anthony Kennedy himself? Responding to President Donald Trump’s nomination of federal appeals-court Judge Kavanaugh to the [...]