If we are not to lose our freedom entirely, we shall have to find a way to restore the Commerce Clause to something like its original scope.
Understanding the Constitution: The Truth about the Much-Abused Commerce Clause Read More »
This latest survey—like all the previous ones—confirms that when the Constitution uses the word “Commerce,” it does so to mean only mercantile trade and its incidents.
The Meaning of “Regulate Commerce” to the Constitution’s Ratifiers: An Update Read More »
The Insurrection Act might apply if “woke” state university officials look the other way while mobs prevent conservative students from exercising their constitutional right to free speech.
What Trump Could—and Couldn’t Do—Under the Insurrection Act Read More »
The current bench challenges administrative overreach, but not overreach by Congress.
Your Guide to This Year’s Constitutional Cases From SCOTUS, Part II Read More »
The Supreme Court issued both liberal and constitutionalist decisions.
Your Guide to This Year’s Constitutional Cases From SCOTUS — Part I Read More »
If it had been treated properly as a “freedom of the press” case, then whether designing was for business or personal purposes would have been irrelevant.
The “Christian Web Designer Case” Could Have Been Much Easier Read More »
This case undermined state control over its own property law and probably gave the property owner an undeserved benefit.
Tyler v. Hennepin County: Why This Seemingly Innocent Decision is Disquieting Read More »
A key part of the majority opinion seems to conflict with the majority opinion in an Indian law case decided just a few days earlier.
Arizona v. Navajo Nation: SCOTUS Zags Back Read More »
Justice Clarence Thomas frequently uses concurring and dissenting opinions to explain the Constitution’s fundamental principles.
Justice Thomas’s Latest Dissent: The Constitution and Federal Spending Read More »
Justice Alito’s majority opinion held that the phrase “waters of the United States” means only defined bodies of water—such as lakes and streams—and those wetlands that so border them that their waters’ surface merges with the surface of the lake or stream.
SCOTUS Curbs EPA: The Sackett Case Read More »
The justices unanimously ruled that keeping the entire tax-sale proceeds was unconstitutional.
The Supreme Court’s New Decision on ‘Taking Property’ Read More »
The Chevron doctrine imposes an almost impossible burden on citizens challenging the power of federal agencies. The Supreme Court might reverse that.
The Supreme Court Might Curb the ‘Deep State’ by Overruling the Chevron Case Read More »
