[B]ecause almost everyone conforms in most respects to prevailing social practices, disqualification for such conduct is necessarily arbitrary and driven more by politics than by merit.
Why removing historical monuments is a bad idea Read More »
So when is local control good in reality rather than merely as a slogan?
State protection for citizen rights should temper ‘local control’ Read More »
. . . law professors often corrupt their understanding of the Constitution with their own political preferences. . .
A Response to a “Living Constitutionalist” Read More »
Representatives of state legislatures from across the nation will converge in Phoenix, Arizona on Sept. 12 to participate in a
How a ‘convention of states’ could tweak the Constitution Read More »
. . . the problem centers in specific institutions: American law schools and the higher reaches of the judiciary.
Part II: What Can We Do About Legal Realism and Its Promotion of Judicial Activism? Read More »
The Founders erected the American legal system to operate in the context of Anglo-American judicial values. The rules placed expressly or implicitly in the Constitution . . . were designed to operate in that context. However, the context changed.
Part I: Judicial activism: Here’s a core reason for it you’ve never heard about Read More »
Of course, it is one thing to criticize, but another to try to craft something better.
Drafting a Balanced Budget Amendment: It’s tougher than you might think Read More »
Observe how many of the Left’s ideological buttons the plaintiff’s lawyers pushed: non-profit, recycling, mandatory government fee, poverty, disabilities, environment—and that interminably-overused mantra: community.
If you want to win a Supreme Court case, it helps to play to “progressive” values Read More »
But Citizens United included a second decision, one rarely mentioned. In this part of the case, the court upheld federal laws requiring contributors to political ads to publicly reveal their names. Unlike the first ruling, the second was a constitutional mistake. Although the court has since reaffirmed its position, it should promptly reconsider.
With due respect to the Supreme Court, some campaign finance laws are unconstitutional Read More »
“This latest convention of states operated according to standard convention of states protocols.”
The last convention of states ever held? It Centered on the Upper Colorado River Read More »
The Supreme Court’s decision this week in Matal v. Tam sent a clear warning to government officials who seek to curtail speech
Supreme Court’s Ruling Against the PC Police Read More »
Legal commentators have spread a good deal of ink trying to show that the Constitution authorizes the enormous expansion of
The Define and Punish Clause doesn’t authorize vast federal power either Read More »
