Stare Decisis: Precedent vs the Constitution
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Stare Decisis: Precedent vs the Constitution

Precedent does not trump the constitution, even when the court says it does. Stare decisis is Latin for “to stand by things decided.” In short, it is the doctrine of precedent. According to the Supreme Court, stare decisis “promotes the evenhanded, predictable, and consistent development of legal principles, fosters reliance on judicial decisions, and contributes […]

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The Founders and Us
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The Founders and Us

Peter Robinson: Welcome to Uncommon Knowledge. I’m Peter Robinson, a senior editor of National Review and a columnist for the New York Observer, Richard Brookhiser grew up in Rochester and graduated from Yale. He is the author of nearly a dozen books, including What Would the Founders Do? And most recently, George Washington on Leadership. […]

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Trump Blames Constitutional Checks & Balances for Disastrous 100 Days
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Trump Blames Constitutional Checks & Balances for Disastrous 100 Days

Ok, we’ve been talking–off an on–about being about 100 days into the Donald Trump administration. We’ve talked about the historically low approval ratings that we’ve seen from Donald Trump and it’s been scandal after scandal, right? Multiple law enforcement investigations, two failed Muslim majority immigration bans, we’ve had the failed sanctuary city order, we’ve had […]

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Constitution 101: Immigration vs Naturalization
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Constitution 101: Immigration vs Naturalization

Did you know there is a difference between immigration and naturalization under the Constitution? Most people assume that the federal government has complete control over immigration. This is partly due to the fact that they confuse immigration and naturalization. In fact, they are two very distinct things. The Constitution delegates to the federal government the […]

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Constitution 101: “One Nation Indivisible”
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Constitution 101: “One Nation Indivisible”

A lot of people believe the United States is “one nation indivisible.” But this was not the vision of the founding generation. The people of the several states did not cede their sovereignty and mold together into a unified and singular “nation” when they ratified the Constitution. In fact, one of the biggest fears brought […]

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