Defending the Constitution: Why the Framers Thought Ratification by Only Nine States Was Sufficient
Why nine? Because any combination of nine states (even the nine with the smallest populations) would comprise a majority of American citizens.
Understanding the Constitution: Originalism was not invented by partisan Republicans
In constitutional law, the methods applied by “progressives” are the new, partisan inventions. Originalism is the standard bequeathed by the ages.
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Biden’s nasty speech and the nation’s governors
Many states have governors with no illusions about this administration, and who understand what its direction is likely to be. If those governors have not begun already to plan for a crisis, they had better start now.
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Will the Supreme Court stretch the Commerce Clause even more?
Some claim that when the word “Commerce” is applied to Native Americans, it magically balloons in scope, allowing Congress to regulate just about anything.
Will the Supreme Court stretch the Commerce Clause even more? Read More »
Understanding the Constitution: The Power to Restrict Immigration
The Constitution gives Congress power to “define and punish” offenses against the law of nations. Scholars popular among the Founders wrote that illegal immigration is such an offense.
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A Further Response to Prof. Ablavsky on the Indian Commerce Clause
We discovered that Ablavsky’s work contained a disturbing number of inaccurate, non-existent, and misleading citations, as well as deceptively-edited quotations.
A Further Response to Prof. Ablavsky on the Indian Commerce Clause Read More »
One reason judges make mistakes about the Constitution
Sometimes judges must rely on biased, untrained people for information on how to interpret our Constitution.
One reason judges make mistakes about the Constitution Read More »
Governor DeSantis, the raid on Trump, and the rule of law—Part II
DeSantis has just helped educate us on the rule of law. For that he deserves our gratitude.
Governor DeSantis, the raid on Trump, and the rule of law—Part II Read More »
Governor DeSantis and the Rule of Law—Part I
America’s success is due partly to our traditional respect for the rule of law.
Governor DeSantis and the Rule of Law—Part I Read More »
Understanding the Constitution: Why it doesn’t protect the unborn
As Justice Samuel Alito pointed out in Dobbs v. Jackson Women’s Health (pdf)—and as the late, great Justice Antonin Scalia said repeatedly—the Fifth and 14th Amendment Due Process Clauses really have nothing to do with abortion.
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Understanding the Constitution: The Great Forgetting
All of these false assertions emerged from a historical process—primarily during the 19th century—that I’ve labeled “The Great Forgetting.”
Understanding the Constitution: The Great Forgetting Read More »
Would a federal Law legalizing abortion survive the Supreme Court?
For the court to strike down a federal abortion law, it would have to . . . courageously enforce the Constitution’s subject-matter boundaries between federal and state jurisdiction.
Would a federal Law legalizing abortion survive the Supreme Court? Read More »