Some Reasons Why Lawsuits to Disqualify Trump Will Fail
No responsible court should hear such a case, and no responsible lawyer should bring it.
Some Reasons Why Lawsuits to Disqualify Trump Will Fail Read More »
Why Biden Can’t Use the 14th Amendment to Raise the Debt Ceiling
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 »
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.
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Understanding the Constitution: the 14th Amendment: Part II
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 »
Understanding the Constitution: the 14th Amendment: Part I
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 »
Can Trump be disqualified from the presidency?
Congress cannot disqualify Trump from serving as president again.
Can Trump be disqualified from the presidency? Read More »
Justice Thomas again shows he’s the Supreme Court’s only consistent originalist
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.
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First decision of the Supreme Court Term: a unanimous liberal result
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 . . .
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About birthright citizenship
Claims on both sides that the Constitution or case precedent clearly answer this question are not accurate.
About birthright citizenship Read More »
What should you remember when drafting a constitutional amendment?
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 »
Legislative Reapportionment: The Supreme Court Steps Back
This article originally appeared in The American Spectator The Supreme Court recently stepped back from its campaign to impose its
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Antonin Scalia, RIP
Justice Antonin Scalia was one of the most eloquent opinion writers in the history of the United States Supreme
Antonin Scalia, RIP Read More »