The Supreme Court just applied originalism to an Indian treaty, so why not to the Constitution?
This case illustrates how judges apply originalism for almost all legal documents — except the Constitution.
Some ‘Red Flag’ laws Are unconstitutional—and could kill more people than they save
Some red flag laws ignore traditional safeguards.
Some ‘Red Flag’ laws Are unconstitutional—and could kill more people than they save Read More »
What would America look like with an originalist Supreme Court?
Originalism is the prevailing method of interpreting almost all legal documents. An originalist is simply a person who believes we should use the same principles to interpret the Constitution
What would America look like with an originalist Supreme Court? Read More »
Justice Thomas again shows he’s the Supreme Court’s only consistent originalist
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 »
Justice Ginsburg’s possible incapacity and the case for term limits
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 liberals pack the Supreme Court? Yes
Could they pack the court successfully? If Democrats win more elections, I think they can.
Could liberals pack the Supreme Court? Yes Read More »
In defense of the court decision striking down Obamacare
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 »
Still more proof: the Supreme Court is not “conservative”
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 »
First decision of the Supreme Court Term: a unanimous liberal result
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 »
This Supreme Court term will show that there is no 5-4 “conservative majority”
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 »
A spash of cold water: Kavanaugh probably won’t change much, but there are other options
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 »
New case shows the Supreme Court’s defense of constitutional federalism is only tepid
. . . 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 »