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  • Legal Memorandum posted June 13, 2013 by Elizabeth Slattery How to Spot Judicial Activism: Three Recent Examples

    The role assigned to judges in our system was to interpret the Constitution and lesser laws, not to make them. It was to protect the integrity of the Constitution, not to add to it or subtract from it—certainly not to rewrite it. For as the framers knew, unless judges are bound by the text of the Constitution, we will, in fact, no longer have a government of laws, but of…

  • Commentary posted January 25, 2013 by Todd F. Gaziano, Elizabeth Slattery The Far-ranging Implications of Friday's Recess-appointments Ruling

    On Friday morning, a three-judge panel of the D.C. Circuit Court of Appeals unanimously struck down President Obama’s alleged “recess” appointments to the National Labor Relations Board (NLRB). The appointments were made over a year ago, so the ruling invalidates a number of actions taken by the NLRB since then. The five-member NLRB cannot act on issues before it absent a…

  • Legal Memorandum posted September 21, 2012 by Paul Larkin, Elizabeth Slattery Overview of the Supreme Court’s October Term, 2012

    Abstract: Given the excitement and importance of the recently concluded Supreme Court term, it is possible that the upcoming term will lack the same dazzling array of issues; just as not every baseball lineup is loaded with players like the 1927 Yankees Murderers Row, not every Supreme Court term is chock-full of Hall of Fame cases. Still, the next few years promise their…

  • Issue Brief posted April 20, 2012 by Elizabeth Slattery Supreme Court Immigration Showdown: Why States Can Enforce Immigration Laws

    On April 25, the Supreme Court will hear oral arguments in a case with significant implications for immigration policy and enforcement well beyond the immediate statute at issue. Arizona v. United States is a challenge to much of the state enforcement scheme of Arizona Senate Bill 1070 (S.B. 1070), which was enacted to detect and address illegal immigration in Arizona.…

  • Issue Brief posted March 20, 2012 by Charles "Cully" Stimson, Elizabeth Slattery Juvenile Life Sentences: Constitutionality of Life Without Parole for Teenage Murderers

    On Tuesday, March 20, the Supreme Court hears oral argument in two cases involving the constitutionality of sentences of life without parole (LWOP) for teenage murderers. The real issue before the Court is this: Will the Court again “find” or “invent” a heretofore undiscovered constitutional prohibition and thus strike an entire category of sentences for the most violent…

  • Commentary posted May 10, 2011 by Todd F. Gaziano, Elizabeth Slattery Expansion of National Power at Expense of Individual Liberty

    Although the authority granted to Congress in the commerce clause should be the same as when the Constitution was first ratified, the common understanding about its scope today is much broader. Moreover, this new understanding about its breadth is the primary means by which the central government’s power has grown. This expansion of national power raises serious…

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