Tag: Supreme Court

Same-Sex Marriage and Individual Rights »

The United States government was founded on the principle of protecting individual rights. The Declaration of Independence says, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights...” People have rights as individuals, and do not derive their rights from...
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SCOTUS Upholds Taking of DNA from Arrestee »

Today the Court decided Maryland v. King, and held that if the police have probable cause to make an arrest for a “serious offense” they may also as a matter of course use a cotton swab to take the arrestee’s DNA. The Court said that this was a legitimate police booking procedure akin to taking a suspect’s...
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Guardian Against Tyranny: The Writ of Habeas Corpus »

To live under tyranny is to live in fear—especially the fear of being arrested and jailed at the whims of the rulers. This is why America’s Founders regarded the right not to be detained arbitrarily as a cornerstone of liberty, and why they cherished the legal device they believed had secured that right: the...
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Supreme Court Rules: Social Security is NOT a Binding Contract »

This post was prompted by all-too-common opinions expressed in Randall Holcombe’s recent “Federal Government Debt Undermines the Programs It Finances” blog. The respondents passionately insist that Social Security is a contract, whatever you do to the budget, do not touch Social Security. “I paid in and it is a contract. They owe me.” The...
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Can the State Take Your Blood Without a Warrant? »

Today, the Supreme Court hears argument in Missouri v. McNeely. The issue presented is whether a police officer may obtain a nonconsensual and warrantless blood sample from a driver the officer believes is drunk. The petition for certiorari can be found here. Essentially, the cops stopped McNeely late at night and McNeely did poorly on...
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Robert Bork (1927-2012) »

Robert Bork has passed away. The author of two bestselling political commentaries, The Tempting of America and Slouching Towards Gomorrah, Bork is perhaps best remembered for his ill-fated nomination to the Supreme Court in 1987—and for the wrath it provoked from many on the left. But the controversial jurist was also a lightning rod...
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Crisis and Leviathan, 25th Anniversary Edition »

The Independent Institute is delighted to announce the publication of the 25th Anniversary Edition of Crisis and Leviathan: Critical Episodes in the Growth of American Government, by Independent Institute Senior Fellow Robert Higgs. First published in 1987, this classic work introduced to the reading public the notion that national crises—the Great Depression, the two...
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States’ Education Ballot Results Roundup: The Good, the Bad, and the Really Expensive »

A dozen ballot initiatives in nine states focused on K-12 education issues. Also making news was the surprise defeat of Indiana incumbent and reformer State Superintendent Tony Bennett by Glenda Ritz, a former teacher backed by the union. Charter schools won big in Georgia and Washington. Georgia voters passed an amendment allowing a statewide...
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Race-Based Admissions: Critical Mass Standard Is a Massive Mess in Texas »

When is a quota not a quota? That seems to be the burning question in the latest Supreme Court case on race-based college admissions. It’s also a problem of the Court’s own making. Twenty-two year old Abigail Fisher claims she was denied admission to the University of Texas at Austin because she is white....
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