Case Law
Marbury v. Madison Does Not Mean What the Supreme Court Says It Means
Every law student learns the same story. John Marshall wrote Marbury v. Madison in 1803, established judicial review, and handed the Supreme Court the power to be the final word...
Marbury v. Madison Does Not Mean What the Supreme Court Says It Means
Every law student learns the same story. John Marshall wrote Marbury v. Madison in 1803, established judicial review, and handed the Supreme Court the power to be the final word...
Norton v. Shelby County: The Case That Proves Unconstitutional Laws Never Existed
Most people arguing about constitutional rights have never heard of Norton v. Shelby County. That is not an accident. If Norton were taken seriously, a large portion of modern federal...
Norton v. Shelby County: The Case That Proves Unconstitutional Laws Never Existed
Most people arguing about constitutional rights have never heard of Norton v. Shelby County. That is not an accident. If Norton were taken seriously, a large portion of modern federal...
Cohens v. Virginia: The Case That Makes Constitutional Avoidance a Constitutional Violation
There is a pattern in federal courts that anyone who has litigated a constitutional challenge will recognize. The case is filed. The constitutional argument is solid. The government has no...
Cohens v. Virginia: The Case That Makes Constitutional Avoidance a Constitutional Violation
There is a pattern in federal courts that anyone who has litigated a constitutional challenge will recognize. The case is filed. The constitutional argument is solid. The government has no...