SCOTUS Defends Property Rights, but Raises Constitutional Questions
Justice Barrett’s opinion contains a readable survey of the court’s convoluted “takings” law.
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Understanding the Constitution: The Truth about the Much-Abused Commerce Clause
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 »
The Meaning of “Regulate Commerce” to the Constitution’s Ratifiers: An Update
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 »
What Trump Could—and Couldn’t Do—Under the Insurrection Act
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 »
Your Guide to This Year’s Constitutional Cases From SCOTUS, Part II
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 »
Your Guide to This Year’s Constitutional Cases From SCOTUS — Part I
The Supreme Court issued both liberal and constitutionalist decisions.
Your Guide to This Year’s Constitutional Cases From SCOTUS — Part I Read More »
The “Christian Web Designer Case” Could Have Been Much Easier
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 »
Tyler v. Hennepin County: Why This Seemingly Innocent Decision is Disquieting
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 »
Arizona v. Navajo Nation: SCOTUS Zags Back
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 Thomas’s Latest Dissent: The Constitution and Federal Spending
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 »
SCOTUS Curbs EPA: The Sackett Case
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.
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The Supreme Court’s New Decision on ‘Taking Property’
The justices unanimously ruled that keeping the entire tax-sale proceeds was unconstitutional.
The Supreme Court’s New Decision on ‘Taking Property’ Read More »