Two-Fer: Electing a President and a Supreme Court by Clint Bolick

Author:Clint Bolick [Bolick, Clint]
Language: eng
Format: epub
Tags: Political Science, General
ISBN: 9780817914660
Google: 4ZoBHY2O-acC
Goodreads: 18507934
Publisher: Hoover Press/Stanford Univ.
Published: 2012-01-01T00:00:00+00:00

1. This fascinating story is recounted in Cliff Sloan and David McKean, The Great Decision: Jefferson, Marshall, and the Battle for the Supreme Court (PublicAffairs, 2009).

2. Marbury v. Madison, 5 U.S. 137 (1803).

3. 32 U.S. 243 (1833).

4. 60 U.S. 663 (1857).

5. To put it mildly, we have lost sight of that original understanding of civil rights, turning the concept from equality of opportunity into equality of results, and from individual liberty into group entitlements. The results have been divisive and tragic. I have addressed that topic in several books, most recently The Affirmative Action Fraud: Can We Restore the American Civil Rights Vision? (Cato Institute, 1996).

6. Many of the congressional debates during that period centered around whether Congress possessed constitutional authority to accomplish the desired objectives. Such concerns have all but disappeared from congressional debate, with recent examples including President George W. Bush signing federal campaign finance restrictions whose constitutionality he openly questioned and then House speaker Nancy Pelosi scoffing at concerns about the constitutionality of the sweeping federal health insurance law. The abandonment of any measure of executive and legislative self-restraint amplifies the importance of judicial review.

7. I discuss the purposes of the privileges or immunities clause, its obliteration in the Slaughter-House Cases, and the tragic consequences of that decision in my most recent book, Death Grip.

8. 83 U.S. 130 (1873).

9. 92 U.S. 542 (1875).

10. 163 U.S. 537 (1896).

11. 118 U.S. 356 (1886).

12. 198 U.S. 45 (1905).

13. 268 U.S. 510 (1925).

14. 290 U.S. 398 (1934).

15. 304 U.S. 144 (1938).

16. 295 U.S. 495 (1935).

17. 317 U.S. 111 (1942).

18. 319 U.S. 624 (1943).

19. 323 U.S. 214 (1944).

20. 347 U.S. 483 (1954).

21. 394 U.S. 557 (1969).

22. 406 U.S. 205 (1972). Although this case occurred during the Nixon administration, liberals still were firmly in control of the Court until well into the Reagan administration.

23. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc., 425 U.S. 748 (1976).

24. 384 U.S. 436 (1966).

25. 397 U.S. 254 (1970).

26. Swann v. Charlotte-Mecklenburg Board of Education, 402 U.S. 1 (1970).

27. 410 U.S. 113 (1973).

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