Not raising the debt limit doesn’t cause default; it just forces the federal government to run a balanced budget.
Why Biden Can’t Use the 14th Amendment to Raise the Debt Ceiling Read More »
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 »
As flexible as the Equal Protection Clause is, the Supreme Court has managed to exceed its scope.
Understanding the Constitution: the 14th Amendment: Part II Read More »
This two-part essay is a primer on the longest amendment ever adopted—the 14th.
Understanding the Constitution: the 14th Amendment: Part I Read More »
Congress cannot disqualify Trump from serving as president again.
Can Trump be disqualified from the presidency? Read More »
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 »
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 »
Claims on both sides that the Constitution or case precedent clearly answer this question are not accurate.
About birthright citizenship Read More »
Last month, Citizens for Self Governance sponsored a simulated convention for proposing amendments in Williamsburg, Virginia. I was an adviser
What should you remember when drafting a constitutional amendment? Read More »
This article originally appeared in The American Spectator The Supreme Court recently stepped back from its campaign to impose its
Legislative Reapportionment: The Supreme Court Steps Back Read More »
Justice Antonin Scalia was one of the most eloquent opinion writers in the history of the United States Supreme
Antonin Scalia, RIP Read More »
Note: An earlier version of this article appeared in The American Thinker. The Fifth and Fourteenth amendments to the Constitution
