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Justice Thomas’s Latest Dissent: The Constitution and Federal Spending

CONSTITUTION, Supreme Court | June 19, 2023

Justice Clarence Thomas frequently uses concurring and dissenting opinions to explain the Constitution’s fundamental principles.

Justice Thomas’s Latest Dissent: The Constitution and Federal Spending Read More »

Another Case of “Government Failure:” Lefty Lakewood Ignores Anti-Noise Laws

CONSTITUTION | June 15, 2023

“Progressive” priorities are not about solving real problems. Rather, they center on degrading well-run First World locales into Third World hell-holes.

Another Case of “Government Failure:” Lefty Lakewood Ignores Anti-Noise Laws Read More »

SCOTUS Curbs EPA: The Sackett Case

CONSTITUTION, Supreme Court | June 15, 2023

Justice Alito’s majority opinion held that the phrase “waters of the United States” means only defined bodies of water—such as lakes and streams—and those wetlands that so border them that their waters’ surface merges with the surface of the lake or stream.

SCOTUS Curbs EPA: The Sackett Case Read More »

The Supreme Court’s New Decision on ‘Taking Property’

CONSTITUTION, Supreme Court | June 12, 2023

The justices unanimously ruled that keeping the entire tax-sale proceeds was unconstitutional.

The Supreme Court’s New Decision on ‘Taking Property’ Read More »

The Founders and the Constitution, Part 13: The Connecticut Delegates

CONSTITUTION | June 11, 2023

The Connecticut delegates achieved their goals through their willingness and skill in proposing moderate solutions and mutually reinforcing each other.

The Founders and the Constitution, Part 13: The Connecticut Delegates Read More »

The Founders and the Constitution, Part 12: Benjamin Franklin

CONSTITUTION | June 6, 2023

Franklin often used his wit to communicate real-world lessons.

The Founders and the Constitution, Part 12: Benjamin Franklin Read More »

The D.C. Circuit’s Convoluted Opinion on the “Equal Rights Amendment”

Article V, CONSTITUTION | June 5, 2023

With one exception, neither the judges nor the parties in the case seemed to understand any of the basic principles of amendment law listed here.

The D.C. Circuit’s Convoluted Opinion on the “Equal Rights Amendment” Read More »

The Founders and the Constitution, Part 11: George Mason

CONSTITUTION | June 2, 2023

Mason impacted the Constitution both by helping to draft it and helping to oppose it.

The Founders and the Constitution, Part 11: George Mason Read More »

The “Nondelegation” Doctrine and the Necessary and Proper Clause

CONSTITUTION | May 30, 2023

The scope of permissible delegation must be determined from the text of each power and the surrounding context. But there is no need to insert the Necessary and Proper Clause into the equation, except as a useful reminder.

The “Nondelegation” Doctrine and the Necessary and Proper Clause Read More »

Why Madison’s 1800 Report is Irrelevant to the Constitutional Debate Over Immigration

CONSTITUTION | May 28, 2023

For many reasons, you shouldn’t try to recreate the Constitution’s original meaning from sources arising after the Constitution was adopted.

Why Madison’s 1800 Report is Irrelevant to the Constitutional Debate Over Immigration Read More »

The Founders and the Constitution, Part 10: Gouverneur Morris

CONSTITUTION | May 26, 2023

Morris, who put the final finish on the Constitution, was a fierce opponent of slavery.

The Founders and the Constitution, Part 10: Gouverneur Morris Read More »

The Supreme Court Might Curb the ‘Deep State’ by Overruling the Chevron Case

CONSTITUTION, Supreme Court | May 18, 2023

The Chevron doctrine imposes an almost impossible burden on citizens challenging the power of federal agencies. The Supreme Court might reverse that.

The Supreme Court Might Curb the ‘Deep State’ by Overruling the Chevron Case Read More »

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