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    Third Time’s a Charm? Another Federal Appellate Court Smacks Down Obama Recess Appointments

    This week, the U.S. Court of Appeals for the Fourth Circuit invalidated the National Labor Relations Board’s (NLRB) unfair labor practice decisions against two companies based on President Obama’s illegal recess appointments in violation of the Recess Appointments Clause. This is the third appellate court to consider the issue—and President … More

    Public Opinion and the Supreme Court

    A recent Rasmussen poll shows that public approval of the Supreme Court of the United States is at an all-time low. Only 28 percent of those surveyed gave the Supreme Court a “good” or “excellent” rating, while the justices’ “poor” rating has risen to 30 percent. This negative rating is … More

    Is the Supreme Court "Pro-Business"?

    Erwin Chemerinsky, dean of the law school at the University of California, Irvine, has penned an op-ed for The New York Times repeating the old saw that the U.S. Supreme Court is a “pro-business” court. Dean Chemerinsky’s fundamental misconception is on display right up front: A majority of the justices … More

    Protecting Educational Freedom This Independence Day: Cracks in the Common Core

    Just in time for Independence Day, the foundations of the Common Core initiative are showing some cracks. Common Core is an effort to establish national standards and tests to define what every child in public school will learn. It has been heavily incentivized by the Obama Administration and is an … More

    Supreme Court’s Mixed Decision on Marriage (VIDEO)

    The Supreme Court announced disturbing decisions today on two important cases dealing with marriage law. The Court refused, however, to create a constitutional right to same-sex marriage. Proposition 8 In its ruling on California’s Proposition 8, the Court declared that the citizen group that sponsored Prop 8 did not have … More

    Frederick Douglass: From Slavery to Freedom to Statuesque

    The only thing that’s really surprising is that it took so long. Lawmakers recently unveiled a statue of Frederick Douglass in the Emancipation Hall of the U.S. Capitol Visitor Center. Nothing could be more fitting because his life exemplifies the promise and opportunity available to all Americans. After being born … More

    A Constitution for the 21st Century

    Economists often point to the “wisdom of crowds”—the idea that a group of people is likely to make better decisions that an individual will. Then again, your mother probably taught you the importance of individualism when she admonished you that “if everyone else jumps off a bridge, would you do … More

    Honoring the Greatest Generation

    Having enjoyed peace and stability since the end of World War II, it is often easy for Americans to forget a generation that sacrificed so much to defend these principles. Many veterans from that generation are still with us, but 800 die each day. An organization called Stars and Stripes … More

    On Marriage, Inevitability Is a Choice We Can Reject

    A new Pew opinion poll shows that a majority of Americans believe the redefinition of marriage is “inevitable.” We’ve heard “inevitable” language before, particularly from statists of all stripes. History is filled with supposedly “inevitable” causes that turned out not to be so. Nothing in life is inevitable except death … More

    Another Obama Recess Appointment Smacked Down

    Today, the U.S. Court of Appeals for the Third Circuit vacated a decision of the National Labor Relations Board (NLRB) on the basis that board member Craig Becker had been appointed in violation of the Constitution. In a 2–1 decision, Judge D. Brooks Smith determined that Becker’s appointment on March … More