One reason judges make mistakes about the Constitution
Sometimes judges must rely on biased, untrained people for information on how to interpret our Constitution.
One reason judges make mistakes about the Constitution Read More »
Governor DeSantis, the raid on Trump, and the rule of law—Part II
DeSantis has just helped educate us on the rule of law. For that he deserves our gratitude.
Governor DeSantis, the raid on Trump, and the rule of law—Part II Read More »
Governor DeSantis and the Rule of Law—Part I
America’s success is due partly to our traditional respect for the rule of law.
Governor DeSantis and the Rule of Law—Part I Read More »
Understanding the Constitution: Why it doesn’t protect the unborn
As Justice Samuel Alito pointed out in Dobbs v. Jackson Women’s Health (pdf)—and as the late, great Justice Antonin Scalia said repeatedly—the Fifth and 14th Amendment Due Process Clauses really have nothing to do with abortion.
Understanding the Constitution: Why it doesn’t protect the unborn Read More »
Understanding the Constitution: The Great Forgetting
All of these false assertions emerged from a historical process—primarily during the 19th century—that I’ve labeled “The Great Forgetting.”
Understanding the Constitution: The Great Forgetting Read More »
Would a federal Law legalizing abortion survive the Supreme Court?
For the court to strike down a federal abortion law, it would have to . . . courageously enforce the Constitution’s subject-matter boundaries between federal and state jurisdiction.
Would a federal Law legalizing abortion survive the Supreme Court? Read More »
The Constitution’s rules for relations with Indian tribes: part II
The leading myth in Indian law is that the Constitution gives Congress “plenary” (absolute) authority over Indian affairs.
The Constitution’s rules for relations with Indian tribes: part II Read More »
The Supreme Court’s recent—and sweeping—Indian Law cases: part I
One reason the votes in these cases were so close is that the law of tribal sovereignty is chaotic.
The Supreme Court’s recent—and sweeping—Indian Law cases: part I Read More »
The Montana Supreme Court’s Anti-Firearms Decision was Wrong
Mass shootings tend to happen in so-called “gun free zones” where law-abiding people are disarmed. . . . [Yet] all the justices on the court voted for this misguided decision.
The Montana Supreme Court’s Anti-Firearms Decision was Wrong Read More »
The new Supreme Court: not conservative, but no longer liberal
The court’s decisions upholding state vax mandates gave us a hint that it was about to overturn Roe.
The new Supreme Court: not conservative, but no longer liberal Read More »
Why overturning Roe v. Wade causes so much rage
For the pure political operative, the truth of a statement or its value as public policy is entirely irrelevant. For the pure political operative, issues are just weapons.
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The deeper significance of Justice Thomas’s 2nd amendment opinion
Justice Thomas’s opinion affirms that the scope of the right to keep and bear arms is fixed by the words of the amendment. The law is reflected in those words, not in some judge’s idea of what is important.
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