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More Madison; Less Tea Party Fundraising

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The other day, I got a fundraising email from the Tea Party Patriots imploring me to pony up and help them “defend the Supreme Court.” Our constitutional rights are in jeopardy if a conservative isn’t nominated and approved to fill former Justice Antonin Scalia’s shoes on the Supreme Court.” If? Really? They make it sound […]

Thoughts from Maharrey Head #58: The Anti-Commandeering Doctrine

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“10 Minutes Closer to Freedom” In this episode of Thoughts from Maharrey Head, I explain a legal principle known as the anti-commandeering doctrine that puts a Supreme Court stamp of approval on James Madison’s blueprint to stop federal overreach through state non-cooperation. Last week, I talked about James Madison’s blueprint to stop federal overreach, involving […]

Tell Me Again How Voting Republican Fixes the Supreme Court?

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The Supreme Court constantly ignores the Constitution and makes up “constitutional law” by edict. The fact anybody puts any faith in this panel of politically connected lawyers in black dresses receiving federal paychecks to limit the power of the federal government strikes me as absurd on its face. But conservatives constantly tell me the problem […]