What a Hidden Supreme Court Case Tells Us About the Constitution
This Commerce Clause case has been buried—deep. Probably because it makes modern writers uncomfortable.
What a Hidden Supreme Court Case Tells Us About the Constitution Read More »
The Slippery Constitutionality of Open Primaries
A new SCOTUS decision adds further doubt about state laws forcing political parties to open their candidate selection procedures to non-party members.
The Slippery Constitutionality of Open Primaries Read More »
Birthright Blunders
The Supreme Court made mistakes, but the Trump administration also was at fault for adopting the wrong strategy.
Birthright Blunders Read More »
Flowers Foods v. Brock: Does It Signal a Future Curb in Congress’s Overuse of Its Commerce Power?
It is possible—just possible—that SCOTUS took this easy case as a precursor to narrowing Congress’s economic powers?
Chiles v. Salazar: SCOTUS Voids Another Colorado Attack on the First Amendment
In the Chiles case, Colorado officials claimed their enactment was a health measure. The justices likely recognized that this may have been a pretext.
Chiles v. Salazar: SCOTUS Voids Another Colorado Attack on the First Amendment Read More »
The Tariff Case—A Lost Opportunity
Learning Resources v. Trump was a lost opportunity to begin the process of nudging Congress back into its constitutional cage.
The Tariff Case—A Lost Opportunity Read More »
Justice Thomas gives Rob his 41st SCOTUS citation
Supreme Court justices have relied on Rob’s research 41 times since 2013, one of the highest numbers of any legal scholar.
Justice Thomas gives Rob his 41st SCOTUS citation Read More »
Rob Garners 40th Supreme Court Citation
Supreme Court justices have cited Rob Natelson’s research articles by name 40 times.
Rob Garners 40th Supreme Court Citation Read More »
The Constitution and the Trump Tariffs
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
The Constitution and the Trump Tariffs Read More »
Restoring the Constitution’s Presidency: Modifying Myers and Overruling Humphrey’s Executor
Myers and Humphrey’s Executor untethered the presidency from the Constitution.
Why the Supreme Court Should Overrule the Same-Sex Marriage Decision
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.
Why the Supreme Court Should Overrule the Same-Sex Marriage Decision Read More »
Why Issues of Birthright Citizenship Are So Difficult
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 »