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The Constitution and the Trump Tariffs

CONSTITUTION, Supreme Court | November 27, 2025

This originally was a two part essay appearing in the Epoch Times on November 19 and November 20, 2025. Are tariffs always taxes? When does […]

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Restoring the Constitution’s Presidency: Modifying Myers and Overruling Humphrey’s Executor

CONSTITUTION, Supreme Court | September 9, 2025

Myers and Humphrey’s Executor untethered the presidency from the Constitution.

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Why the Supreme Court Should Overrule the Same-Sex Marriage Decision

CONSTITUTION, Supreme Court | August 21, 2025

Shortly after the ruling, I wrote that Obergefell might be the Supreme Court’s “most radical decision ever.” A decade later, that assessment seems correct.

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Why Issues of Birthright Citizenship Are So Difficult

CONSTITUTION, Supreme Court | August 20, 2025

What makes this issue so difficult is that all the major positions have evidence to support them.

Why Issues of Birthright Citizenship Are So Difficult Read More »

Rob Natelson reviews the recent Supreme Court term with Jon Caldara

CONSTITUTION, Supreme Court | July 16, 2025

Rob Natelson reviews the recent Supreme Court term with Jon Caldara at this link.

Rob Natelson reviews the recent Supreme Court term with Jon Caldara Read More »

Unpacking the Supreme Court’s ‘Universal Injunction’ Decision

CONSTITUTION, Supreme Court | July 11, 2025

The court found that the statute granting courts power to grant injunctions did not include universal injunctions.

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Understanding the Supreme Court’s Case on Transgender Treatment for Children

CONSTITUTION, Supreme Court | July 9, 2025

Skrmetti was one of several cases this year in which the court’s decision protected children.

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Implied Powers in the Constitution

CONSTITUTION, Supreme Court, The American Founding | July 8, 2025

The Founding-era doctrine of implied powers has been misunderstood during the modern era. Result have been an over-estimate of congressional power and confusion about the President’s authority.

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How the Supreme Court Went Wrong in the ‘Ghost Gun’ Case

CONSTITUTION, Supreme Court | July 6, 2025

It appears the court was trying to update the statute. But updating federal statutes is not the job of appointed-for-life judges. It is a job for democratically-elected members of Congress.

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The False Media Claim about the Supreme Court

CONSTITUTION, Supreme Court | July 1, 2025

The media’s narrative of a “6-3 conservative majority” is obviously defective. But it does serve a purpose . . . .

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Justice Clarence Thomas’s Wise Words About ‘Experts’

CONSTITUTION, Supreme Court | June 22, 2025

Experts and professional associations always have been influenced by economic considerations. Today, few are immune from political pressure as well.

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The Supreme Court’s Unanimous Religious Freedom Ruling Explained

CONSTITUTION, Supreme Court | June 20, 2025

The media claim that there is a firm 6-3 Supreme Court is untrue, as demonstrated by this freedom of religion case.

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