Donald Trump versus the Founding Fathers: Private property rights are the cornerstone of liberty
Private property has always had a unique place in American society. The Founding Fathers recognized that government exists to protect private property. They were influenced by Enlightenment-era philosophers John Locke…
House Judiciary Committee Revisits Kelo, Decides State of Property Rights Not Good
Ten years ago, the United States Supreme Court effectively scratched the line “for public use” from the Fifth Amendment’s Takings Clause, which allows the government to take and repurpose…
Supreme Court Takes an Active Legislative Role
The Supreme Court has taken an active role in redefining, rather than simply interpreting, our country’s laws. Two clear examples of this can be seen in the two ObamaCare opinions…
SCOTUS Trust and Approval Low (With Everybody)
Many Americans are eagerly (and nervously) awaiting the King v. Burwell decision, which is expected to come at the end of the month. The court case will determine whether ObamaCare,…
The Court Enforces Our Constitution
Texas v. United States [Personal Freedom and Prosperity 110: The Rule of Law](http://www.freedomworks.org/personal-freedom-and-prosperity-110#) A government with moral and legal authority promulgates written rules and universally, impartially and uniformly enforces…
Spokeo, Inc. v. Robins: A Possible Alternative Path to Standing
Normally to sue in federal court, a plaintiff must establish standing. There are three requirements for establishing standing: (1) an injury in fact, (2) a causal relationship between the injury…
Necessary and Proper Clause: A Declaratory Truth
The Necessary and Proper Clause is often called the “Elastic Clause” because it is believed to give Congress “implied powers” that government is assumed to possess without being mentioned in…
Is the Supreme Court the Supreme Law?
It has been assumed that once the Supreme Court issues a decision, the other courts in this country are bound to follow the decision for all future cases that fall…
Next ObamaCare Challenge: The Origination Clause
“All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.” – U.S. Constitution Article I,…
Commerce Clause: Not a Grant of Unlimited Congressional Power
“To regulate Commerce with foreign Nations, and among the several states, and with the Indian Tribes.” The Commerce Clause is a short phrase of 16 words, none of which are…