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A Stalwart Role Model for Black History Month: Clarence Thomas

A tribute to Clarence Thomas highlights his contribution to defending true equality before the law via firm adherence to the Constitution.

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How the Administration Is Taking Back the Courts

This article is an excerpt from the “2020 Mandate for Leadership: A Clear Vision for the Next Administration.” It looks back at policy decisions made by the Trump administration over the past four years. You can purchase your copy of “Mandate 2020” here. Our system of government and the liberty it provides are compromised when judges decide cases based on their own personal views and political beliefs rather than the law.

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More Politics Is Not the Solution to a Politicized Judiciary

Senator Sheldon Whitehouse (D., R.I.) is right about one thing. In a brief recently filed in a Supreme Court case, he and several fellow Senate Democrats observed that a majority of Americans see the court as motivated or influenced by politics. The senators are wrong, however, to suggest that the “cure” for this situation is to restructure the courts so they render decisions that favor preferred political interests.

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Commentary: John G. Malcolm — Originalism rules for Supreme Court, and that is welcomed

During this momentous term, the court made great strides toward interpreting the Constitution with fidelity and restoring the rights of all Americans to govern themselves.

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Pro/Con: In adhering to the Constitution, an A-plus for the Supreme Court

From the column: "The court made great strides toward interpreting the Constitution with fidelity and restoring the rights of all Americans to govern themselves."

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Grading the SCOTUS: Originalism Rules, and That's a Good Thing

Grading the SCOTUS: Originalism Rules, and That's a Good Thing
heritage.org - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from heritage.org Daily Mail and Mail on Sunday newspapers.

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Yale Law Journal - The Constitutionality of Civil Forfeiture

Many state and federal statutes provide that when property is used in certain prohibited ways, ownership of the property passes to the government. Often, the statutes allow these forfeitures to be declared in civil proceedings against the property itself, without the normal safeguards of the criminal process. Indeed, if no one claims the property after proper notice, the government’s assertion of ownership can become incontestable without any judicial proceedings at all. Statutes authorizing such civil or administrative forfeiture might seem like egregious violations of both property rights and criminal-procedure rights guaranteed by the federal Constitution. But while forfeiture statutes may be unfair and unwise, this Feature cautions originalists not to assume that they are unconstitutional. The Feature concludes that the original meaning of the Constitution (as liquidated by historical practice) does not foreclose the three key features of forfeiture …

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Yet Again, A Judicial Counterrevolution Looks To Chain The Country To An Imagined Past

The court’s infamous Dred Scott decision and Justice Samuel Alito’s leaked opinion share many similarities, including bunk history and a desire to forestall the future.

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Yet Again, A Judicial Counterrevolution Looks To Chain The Country To An Imagined Past

The court’s infamous Dred Scott decision and Justice Samuel Alito’s leaked opinion share many similarities, including bunk history and a desire to forestall the future.

New-york , United-states , Louisiana , New-hampshire , New-jersey , North-carolina , Nebraska , South-carolina , Massachusetts , Florida , California , Pennsylvania

Robbins: The dissent of man

The role of dissent in legal opinions is generally underappreciated, undervalued, and misunderstood. We’ll get there in a sec, but let’s first understand exactly what it is. Then, we’ll move on to why it matters.

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