Commerce Clause

The Jurisprudence of Constitutional Restoration Is Originalism, but Not All Conceptions of Originalism

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Dr. Ralph Rossum’s most recent book, Understanding Clarence Thomas: The Jurisprudence of Constitutional Restoration, performs the valuable service of cataloguing and synthesizing the jurisprudential work of one of America’s great living jurists. Rossum’s book joins other sympathetic—though not hagiographic—accounts

Understanding Clarence Thomas:  The Jurisprudence of Constitutional Restoration

Understanding Clarence Thomas: The Jurisprudence of Constitutional Restoration

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When, on July 1, 1991, President George H. W. Bush nominated Clarence Thomas to serve as Associate Justice of the United States Supreme Court, predicting that he would be “a great Justice,” calling him “the best person for this position,”

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The Constitution Created an Expansive, not a Strictly Limited Federal Government

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The revolution of 1787-1791 overthrew a constitution that strictly limited the federal government in favor of one with general welfare and necessary and proper clauses that allowed the federal government to absorb state powers over time. It also tossed out

The Constitution’s Structural Limitations On Power Should Be the Focus of the Bill of Rights

The Constitution’s Structural Limitations On Power Should Be the Focus of the Bill of Rights

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Ever since the Warren era of expansive individual rights jurisprudence, leading to the Court’s substantive due process jurisprudence culminating in Roe v. Wade, jurists, as well as the public at large, have grappled with the issue of judicial activism

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