Constitutional Law
What should Utah be looking for in new judges?
What should Utah be looking for in new judges? Written by Utah will soon appoint two new Supreme Court justices following the Court’s expansion. Judges should interpret the Constitution based on its original meaning, not…
What should Utah be looking for in new judges?
Sometimes identifying an ideal is easier after ruling out alternatives. With the recent expansion of the Utah Supreme Court to keep up with projected growth in the state’s population, two more justices will be added to the…
Utah should not allow the federal government to gamble away federalism
Utah should not allow the federal government to gamble away federalism Written by The U.S. Constitution recognizes the broad authority of states in areas like criminal law while limiting the power of the national government.…
Utah should not allow the federal government to gamble away federalism
Our system of federalism, whereby the sovereign people assign some tasks to the national government and reserve the majority to the states, is one of the most striking and consequential features of the Constitution. It …
The constitutional case for Utah Fits All
The Utah Education Association is challenging a state program that allows families in need to receive scholarships so their children can access educational resources outside the public school system. The Utah Supreme Court…
The constitutional case for Utah Fits All
The constitutional case for Utah Fits All Written by The Utah Education Association is challenging a state program that allows families in need to receive scholarships so their children can access educational resources…
A New Year’s resolution worth keeping: Restoring the balance between states and Washington
A New Year’s resolution worth keeping: Restoring the balance between states and Washington Written by Federal promises are outpacing federal dollars, pushing costs onto states. “Guidance” from federal agencies often functions…
A New Year’s resolution worth keeping: Restoring the balance between states and Washington
A good New Year’s resolution for governments would be to renew their focus on the respective roles of state and national governments. Specifically, to return to the constitutional design of limiting federal lawmaking to the…
Why the Supreme Court should rein in lawfare against nonprofits
Why the Supreme Court should rein in lawfare against nonprofits Written by “Lawfare” is a term for using legal proceedings to harm a political opponent. The U.S. Supreme Court recently heard oral arguments in a case that…
Why the Supreme Court should rein in lawfare against nonprofits
One of the least attractive features of our current political atmosphere of polarization is the practice of “lawfare.” I’m not sure where this neologism originated, but it seems to have become trendy in the past few years.…
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