constitution Archives - Cockle Legal Briefs

23 Oct, 2019

A Beginner’s Guide to Supreme Court History: Establishment

Mathew Planalp2019-10-23T18:49:44-05:00October 23rd, 2019|Tags: Congress, constitution, establishment, history, president, Supreme Court|

The Supreme Court is often described as distinctly American in concept and function. We look to it as the last resort in search of justice, equality, and validation of our political views. It’s where we wage our most serious legal battles––from voting disputes and privacy issues to establishing the rights of women and minorities. But [...]

Book Review: Rehabilitating Lochner

Jacob H. Huebert2014-04-14T18:52:22-05:00December 20th, 2011|Tags: book, constitution, david bernstein, Due Process, fourteenth amendment, lochner, new york, rehabilitating, review, substantive, Supreme Court|

In the Winter 2012 Independent Review, I review David Bernstein’s Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform. Here’s how it starts: Few Supreme Court cases receive more scorn in U.S. law schools than Lochner v. New York (198 U.S. 45), the 1905 decision that struck down a New York law limiting the number of [...]

Does the Constitution Require Same-Sex Marriage?

Jacob H. Huebert2019-03-18T18:48:06-05:00February 15th, 2011|Tags: California, constitution, debate, ed whelan, federalist society, gay, jonathan adler, Lawrence v. Texas, mark strasser, marriage, Ninth Circuit, proposition 8, same-sex|

Whether gay marriage is a good thing and whether the constitution requires it are two different questions. In this video from a recent Columbus Federalist Society debate, Volokh Conspirator Jonathan Adler, NRO "Bench Memos" blogger Ed Whelan, and Capital Law Prof. Mark Strasser debate the second question. (I moderate.)