Tag: Judicial activism

The Originalism v Living Constitution fight

Constitutional Originalism or the “living Constitution”: Gorsuch’s nomination and a tale of two law profs

The Gorsuch nomination, pitting Originalism against a “living Constitution,” is a fight for America’s soul — so pay attention because this is important! Judge Neil Gorsuch’s nomination has brought to the fore the seemingly dry argument about two competing theories of Constitutional interpretation, Originalism and the “living Constitution.” Gorsuch himself

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Illustrates post about judges inventing new legal standard for Trump

Judges invent an entirely new, and very illegal, “legal standard” for Donald Trump

When it comes to Donald Trump, Obama-appointed judges are inventing new legal standards unrelated to the Constitution, statutes, cases, or even facts. Progressives are very excited that a federal judge in Kentucky has held that Trump can be sued for inciting violence. Perfectly illustrating this excitement is a WaPo analysis

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Nuclear Families

Bookworm Beat 3/30/17 — tight-knit communities, nuclear families, and individual worth

Looking at this grab-bag post, I can see the common thread: valuing tight-knit communities, nuclear families, and each individual’s worth. I know why Utah’s welfare is working. Megan McArdle wrote a much-talked-about article in which she looked at Utah, which has extremely good and affordable social services. The key to

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