Tag Archives: Article III
Starting from Scratch: How Would a New America Solve the Tax Problem?
The brewing battle between Senator Paul Ryan and President Obama serves as a tragic reminder of just how impossible it is in this country, at least lately, to pass a responsible plan for controlling government costs. Sometimes we are precisely nowhere. I’ve come to the conclusion that the tax dilemma — convincing people that to […]
The Law of the Constitution
By all accounts, today in Iowa, Speaker Gingrich goes to face a great defeat, with pundits expecting him to lose by something close to double digits to both the ideologically vacant Mitt Romney, and faux-constitutionalist crank Ron Paul. Gingrich’s fading fortunes come as a credit to the intelligence of Iowa caucus voters, but the continued […]
Rick Perry Pledges to Disembowel Madison’s Judiciary
When the Founders set out to create the federal court system, James Madison and his colleagues ultimately settled on a system designed to insulate judges from the political arena, so that they could not be coerced into compliance with a political agenda by threats of arbitrary termination, or of financial manipulation. As such, Article III […]
Is the Supreme Court’s Mandate Binding?
I know, dumb question. But bear with me. Jennifer Rubin for the Washington Post highlights an odd question kicked to several of the current Republican contenders: do they think Congress could (and should) pass a law under the Fourteenth Amendment’s “enforcement clause,” overruling Roe v. Wade? Let’s state the painfully obvious — this is a […]
Chief Justice Roberts’ Paean to Article III (and What It Means)
About two thirds of the way through his recent opinion in Stern v. Marshall (pdf), Chief Justice Roberts leaves the following note: What is plain here is that this case involves the most prototypical exercise of judicial power: the entry of a final, binding judgment by a court with substantive jurisdiction, on a common law cause of […]
Another Example of “Judicial Restraint”
Per Chief Justice Roberts: the federal Bankruptcy Act may be unconstitutional, at least when it comes to bankruptcy judges trying some species of cases. So. That happened.
Ninth Circuit Takes the Path of Least Resistance, or: How the Separation of Powers Saved Gay Rights in California
On appeal from Judge Walker’s lengthy, well-defended decision holding California’s Proposition 8 invalid for unconstitutionally relying exclusively on voter antipathy towards their fellow citizens — seriously, I can’t believe this is a rule we even have to have — the Ninth Circuit punts. Professor Volokh excerpts the relevant parts of the order. In brief, the […]
Independent Constitutional Duties
Whew, what a weird day. Sorry for the long, long delay… Andrew Sullivan cites Ben Adler of Newsweek, and Ramesh Ponnuru of The National Review, clashing over the Pledge to America item calling for constitutional justification of each bill passed by the Congress. Adler, apparently, feels the duty is duplicative of the Supreme Court’s responsibility […]
Is Kagan a Vote for Marriage Equality?
Probably. Watch: This question — “Do you agree that the Supreme Court’s decision in Baker v. Nelson . . . is [] settled law?” — is an easy one to answer “yes,” and make the whole issue go away. Why push back? Because she thinks the case was wrongly decided, or otherwise not entitled to […]
Reclaiming the Constitution… From the Supreme Court?
Huh? The National Review’s culture war blog, The Corner, makes little sense on its best days. But a new soon-to-be series, headlined by Rob Clinton’s “Judicial Supremacy and the Constitution,” appears to transcend the genre of reactionary, paleoconservative folklore, even as it re-invents it. Truly, Clinton’s opener may well approach the Form of political absurdity, […]
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