Supreme Court


God Bless Texas

On Friday, 26 January, Slate magazine ran a piece entitled “GOP Governors Invoke the Confederate Theory of Secession to Justify Border Violations.” Slate has an interesting definition of “border violations.” A sensible, normal person would think that meant crossing the border illegally. Slate uses the phrase to refer to Texas Governor Greg Abbott, who has taken steps to guard his…
Earl Starbuck
January 29, 2024

Anti-Commandeering in Practice

One effective way States can resist unconstitutional encroachments from the general government is through the Anti-Commandeering Doctrine. James Madison articulated this idea in Federalist Number 46. He said States could obstruct “unwarrantable measures” emanating from “the federal government” through “refusal to co-operate with the officers of the union.” In recent years States have successfully used this rationale to defend themselves…
Jonathan Harris
June 29, 2023

[Southern] History Matters

Granted that there is a longstanding tradition of promoting the pro-life cause precisely by appealing to Equality and Human Rights.  At the same time, it is worth remembering that the actual battles of abortion have had at least as much to do with far less fashionable principles such as federalism, constitutional limits, and states' rights.  Through Roe v. Wade, the…
Jerry Salyer
March 21, 2023
Review Posts

A National or Federal Government

Part IV of a four part series. Part I, Part II, Part III. I come now to urge my objection to the jurisdiction of the court. It goes on the ground, that it is not competent to the general government, to usurp rights reserved to the States, nor for its courts to adjudicate them away. It is bottomed upon the…
Spencer Roane
September 15, 2014