Showing posts with label #SCOTUS. Show all posts
Showing posts with label #SCOTUS. Show all posts

Monday, July 10, 2017

Bush v. Gore and Bush v. Palm Beach County Canvassing Board – Guest Essayist: James D. Best

Today's essay at Constituting America is Bush v. Gore and Bush v. Palm Beach County Canvassing Board, which which settled the 2000 presidential election.
The 2000 presidential election came down to who won Florida. Twenty-seven days after the election, the presidency remained undecided. Surrogates for George W. Bush and Al Gore clashed in a close-quarters fight that seemed to have no end.  Both parties persisted and refused to yield. The media filled nearly every broadcast moment and column inch of newsprint with the maneuvers and shenanigans of both parties. The pursuit of minutia, gossip, and a major scoop drove wall-to-wall reporting of the countless twists, turns, and skirmishes.
 You can read or listen to the entire essay here.


7th Annual 90-Day Study

Friday, April 7, 2017

Home Building & Loan v. Blaisdell (1934) – Guest Essayist: James D. Best



Home Building & Loan v. Blaisdell (1934) started the modern trend of interpreting the Constitution to support popular passions. You can read the essay here or listen to it below.


Monday, February 27, 2017

The United States Supreme Court: Landmark Decisions & The Justices Who Made Them

This year, Constituting America's 7th annual 90-Day Study is The United States Supreme Court: Landmark Decisions & The Justices Who Made Them. As in previous years, I'll write a few essays for this year's study. You can read all of the essays here.

Constituting America is committed "to reach, educate and inform America's citizens and youth about the importance of the U.S. Constitution." They do a great job.


Tuesday, December 1, 2015

Can Words On Parchment Constrain Executive Overreach?



“Governments are instituted among Men, deriving their just powers from the consent of the governed.”

The Declaration of Independence used these words to legitimize our founding as a nation. Fifteen simple words, but they embodied a world-shattering idea. Kings supposedly derived their authority from God, but the Declaration declared that “all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” These subversive words flipped the divine right of kings on its head. Instead of kings, God endowed all of mankind with natural rights.

Words can be powerful.

That is, unless they’re ignored. The Constitution is the “supreme law of the land,” but many don’t accept that enumerated powers limit government action. Elected officials “solemnly swear … to preserve, protect and defend the Constitution of the United States,” but many view the words as cant uttered during a swearing-in ritual. Lesser laws are based on a reasonable man’s interpretation of the language, but many regard the “supreme law of the land” as a living document that can mean whatever we need it to mean on any particular day.


Wednesday, April 16, 2014

The Three Clauses That Have Caused Much Mischief

The Founders wanted to bequeath to posterity a straightforward government that inhibited the abuse of power. Their written words remain clear. Certain politicians and judges have skewed their meaning to do what they want, but most of the harm can be attributed to three clauses:
1.         The necessary and proper clause,
2.         The commerce clause, 
3.         And the general welfare clause.

It is nonsensical to assert that the Founders meant for any of these clauses to license general national authority.