Some claim that when the word “Commerce” is applied to Native Americans, it magically balloons in scope, allowing Congress to regulate just about anything.
Will the Supreme Court stretch the Commerce Clause even more? Read More »
The Constitution gives Congress power to “define and punish” offenses against the law of nations. Scholars popular among the Founders wrote that illegal immigration is such an offense.
Understanding the Constitution: The Power to Restrict Immigration Read More »
We discovered that Ablavsky’s work contained a disturbing number of inaccurate, non-existent, and misleading citations, as well as deceptively-edited quotations.
A Further Response to Prof. Ablavsky on the Indian Commerce Clause Read More »
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 »
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 »
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 »
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 »
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 »
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 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 »
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 »
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 »
