In 1988, Oxford University Press published Russell Caplan’s book Constitutional Brinksmanship. It revealed some of the extensive history behind the
Who Says History is Relevant to Article V? Well, the U.S. Supreme Court, For One! Read More »
Does the Constitution require the federal government to afford “equal protection of the laws?” At first glance at the Constitution’s
Must the Federal Government Honor an "Equal Protection" Rule? Read More »
(This is the last of five commentaries on recent Supreme Court decisions.) The Fifteenth Amendment, adopted five years after Civil
The Supreme Court’s Latest Voting Rights Case Read More »
(This is the fourth of several short commentaries on recent Supreme Court decisions.) U.S. v. Windsor—the case in which the
The Defense of Marriage Act Case: A Carcass for Constitutional Vultures Read More »
(This is the third of several short commentaries on recent Supreme Court decisions.) The Supreme Court’s recent decision in Fisher
Justices Make It Tougher for State Universities to Discriminate, But Not Tough Enough Read More »
(Note: This is the second of several short commentaries on recent Supreme Court decisions.) There is little more heart-rending than
NOTE: This is the first of several short commentaries on recent Supreme Court decisions. The Supreme Court recently ruled that
One source of security we have in using the Constitution’s amendment process is that the courts, including the U.S. Supreme
How the Courts have Clarified the Constitution's Amendment Process Read More »
NOTE: This is an updated version of an essay first published in 2013. For a comprehensive treatment of amendment law,
A Response to the “Runaway Scenario” Read More »
Is the current U.S. Supreme Court conservative? No, it is not. And certainly not if you define “conservative” as interpreting
The Myth of the “Conservative Supreme Court” Read More »
Yesterday’s Parade Magazine, the Sunday insert, featured a cover article on former Supreme Court Justice Sandra Day O’Connor. It was
Celebrating Justice O’Connor: Parade Magazine Muffs the Job Read More »
If you have any doubt about the ability of the political Left to set the agenda in this country, look
