Although Justice Thomas agreed that the protection against excessive fines applies to the states, he was the only member of the court to do so on plausible originalist grounds.
Justice Thomas again shows he’s the Supreme Court’s only consistent originalist Read More »
Warren’s case is unusual because her employers waived not only practice experience but also prevailing academic standards.
How academia connived with Elizabeth Warren’s “Cherokee” fabrication Read More »
A better constitutional amendment would be one permitting each justice a single long term—for example, 16 years—without possibility of re-appointment.
Justice Ginsburg’s possible incapacity and the case for term limits Read More »
NPV . . . with or without congressional approval . . . violates a central principle of constitutional law.
Why the “National Popular Vote” scheme is unconstitutional Read More »
Today the only consistent originalist on the Supreme Court is Justice Clarence Thomas.
What Is Originalism? Read More »
The only way the states could consider ratifying a term limits amendment would be for a convention of the states to propose it.
Assessing the Ted Cruz term limits proposal Read More »
It is not true, as some claim, that the Founders acted only out of distrust of democracy. Rather, the system was a brilliant response to a complicated set of issues.
The Electoral College is still right for America Read More »
The ruling that the mandate was unconstitutional was certainly correct. Whether than means the rest of the law fails is less certain.
Rob Natelson and Jon Caldara explore the latest court ruling on Obamacare Read More »
Could they pack the court successfully? If Democrats win more elections, I think they can.
Could liberals pack the Supreme Court? Yes Read More »
Keep reading even if you are not from Montana: This article is a lesson on how judges should not conduct themselves.
America’s WORST appeals court Read More »
The amendment procedure is not a partisan device. It is a valuable constitutional right available to all Americans who want to improve their federal government.
Convention of States a path to restoring constitutional government Read More »
The political difficulty for the Democratic House if it tries to impeach the president is that the last time that party was in control, its own conduct fell far short of fiduciary standards.
What impeachment requires and why it wouldn’t be wise for Dems to push it Read More »
