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 »
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 »
Could they pack the court successfully? If Democrats win more elections, I think they can.
Could liberals pack the Supreme Court? Yes Read More »
The truth is that the quiet death of the ACA would surely be less disruptive than its chaotic life.
In defense of the court decision striking down Obamacare Read More »
Yet, true to form, some media outlets continue to claim the court has a “conservative majority.”
Still more proof: the Supreme Court is not “conservative” Read More »
The statute is based on an overly-expansive definition of congressional power . . . But no member of the court wrote a concurring opinion to point that out . . .
First decision of the Supreme Court Term: a unanimous liberal result Read More »
The more traditional justices differ significantly in their legal methods and often reach liberal results.
This Supreme Court term will show that there is no 5-4 “conservative majority” Read More »
This article first appeared in Townhall.com. When Senator Susan Collins made her now-famous speech stating she would vote to approve
A spash of cold water: Kavanaugh probably won’t change much, but there are other options Read More »
. . . Those who adopted the Constitution understood that governance of recreational activities, such as sports, was reserved to the states. Regulation of in-state gambling, like other moral issues, similarly was outside the federal sphere.
New case shows the Supreme Court’s defense of constitutional federalism is only tepid Read More »
“Living Constitutionalists” sometimes claim erroneously that recovering the Constitution’s original meaning is impractical.
New article shows how 18th century law helps us understand the Constitution Read More »
Judicial protection from most economic regulations — even grossly unfair and anti-competitive ones — is so weak as to be nearly non-existent.
A Colorado Bill Uses “Levels of Scrutiny” to Protect Competition Read More »
Fortunately, by the time the Constitution was written, this verbal confusion had been pretty much been sorted out.
Where the Constitution’s Word “Convention” Came From Read More »
