The doctrine of stare decisis is a dangerous tool, malleable, and peculiarly susceptible to manipulation and abuse. It entices and deceives. If just two justices compromise their principles and betray the Constitution, Dobbs will be lost. If so, Dobbs will displace Casey as the worst Supreme Court decision of all time, and the justices rendering it will merit the most severe condemnation of history. But if the Court overrules Roe and Casey, the Dobbs case would rank among the most magnificent decisions in the Court’s history.
Author: Michael Stokes Paulsen (Michael Stokes Paulsen)
This is a signal moment in America’s constitutional history. One of the most notorious decisions in the Court’s history is likely either to be repudiated and overruled—discarded, finally and definitively—or else reaffirmed and entrenched, perhaps permanently. The stakes could not possibly be higher.
My prayer for all of you—for all of us—is that God would not only intervene dramatically to kill this virus, but also that, in the course of doing so, God might strengthen us in our faith and trust, and in our understanding of our ultimate dependence on Him for all of life.
The framers deliberately designed a strong presidency with the power to wage war with energy, secrecy, and dispatch. Impeachment, in turn, was designed to be a formidable congressional check on the formidable powers of the president—power counteracting power, ambition checking ambition.
The framers deliberately gave the president independence, unity, and vast powers. This is only a problem if the office is badly filled.
The framers of the Constitution designed the elector system to balance the need for the people to have a voice and the desire to have a refined, informed body actually choose the president in order to avoid the election of a demagogue or charlatan.
For his immense contributions to constitutional discourse, his sound constitutional vision, his rigorous and vigorous opinions, his fearlessness and peerlessness, Justice Scalia is one of the greatest Supreme Court justices of all time.
A man of deep faith and scintillating reason, Justice Scalia had an extraordinary ability to notice obvious, important truths that many overlooked. His informal remarks a few months before his death give insight into his intellect and character.
228 years ago today, the Framers at the Constitutional Convention decided the power to declare war would be reserved to Congress, and the power to conduct war and make peace would be reserved to the president. Presidents and congresses have not always followed the Constitution in matters of war, but that doesn’t mean the Constitution has changed.
The Free Exercise Clause creates a unique type of constitutional liberty—a substantive freedom that limits the extent to which government can interfere with religious freedom.
“Constitutional law” is not the exclusive domain of the courts, or even of government officials. Faithful interpretation is the duty and responsibility of faithful citizens.
Reading and understanding the Constitution is not an especially complicated intellectual exercise. It takes lawyers, judges, and law professors to turn it into something difficult and convoluted.
Antonin Scalia is one of the most brilliant, principled, sound, and thoughtful jurists ever to sit on the Supreme Court. But twenty-five years ago today, his legal skills utterly failed him.
Justice Ginsburg praises the heroic women who defied Pharaoh’s authority to save the Hebrews’ baby boys from death. Apparently, she does not have an eye for contemporary parallels.
President Obama’s “authorization” request is designed to curtail existing legal authority to wage war on ISIL and to handcuff future presidents in the exercise of their constitutional authority as commander in chief.
The structure and logic of the legal arguments made for nationwide judicial imposition of same-sex marriage are remarkably similar to the arguments made by those who argued for the judicial imposition of slavery nationwide. Will the Republican Party produce another Lincoln to stand against them?
Abortion is not, in the end, about “sin” or “redemption.” It is about human life and its extermination.
For many women, the social, practical, and personal reasons for having an abortion simply trump the life of their child.
“Informed choice” legislation does not impede a woman’s ability to choose abortion. Such laws enlighten the abortion choice by making clear exactly what it is that is being chosen.
Without authorization from Congress, American presidents can only start unconstitutional wars, even if they are motivated by good intentions.
Lincoln’s Order of Retaliation—a command to kill Confederate prisoners as punishment for the South’s massacre of black Union soldiers—can help frame our view of presidential military power today.
As we recognize the fortieth anniversary of Roe v. Wade, pro-lifers should consider supporting a constitutional amendment to abolish abortion forty years from now.
Rape is tragic, awful, horrible, gut-wrenching—an unspeakable crime of great emotional harm—but rape is essentially irrelevant to the morality of abortion.
The Supreme Court’s ruling upholding the Affordable Care Act is constitutionally correct. This doesn’t prevent us from seeing the individual mandate as a tax on freedom—an exercise of Congress’s constitutional power to tax so as to destroy personal and institutional freedom with respect to health insurance.
Casey is not a sound exposition of the Constitution, and its authority should be repudiated by all other actors in our constitutional system The second in a two-part series on the deadly significance of Planned Parenthood v. Casey