How Much Authority Does Congress Have Under the Treaty Power? The Question the Supreme Court Dodged in Bond v. U.S.
In its recent decision in Bond v. United States, the Supreme Court avoided deciding whether Congress, in executing a treaty,
Town of Greece Case Returns the Establishment Clause To Its Original Meaning
Last week I reported on Justice Thomas’ citation of my work in his concurring opinion in Town of Greece v.
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Rob Natelson Cited Again at Supreme Court—This Time in a Religion Case
I’m pleased to report that this past week the brilliant Justice Clarence Thomas cited my work on the Necessary and
Rob Natelson Cited Again at Supreme Court—This Time in a Religion Case Read More »
Ownership of Federal Land: Answers Suggested by the Bundy Standoff
The Bundy stand-off in Nevada has induced several people to ask me about the extent to which the federal government
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The Meaning of the Commerce Power and Congress’s and the Courts’ Use (And Abuse) Of It
Are you interested in the true meaning of, and limits on, the Constitution’s much-abused Commerce Power? In a speech at
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How a Conspiracy Cracked a Monopoly
Anyone interested in the constitutional debate over the “Affordable Care Act” should pick up a copy of the new book,
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Can Treaties Override the Constitution? An Issue Posed By Bond v. United States
One of the most common questions posed to me when I discuss the Constitution on talk radio is “Can a
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Rebutting the Claim that an “Anti-Corruption” Principle Should Re-Write the First Amendment
Law professors are overwhelmingly left-of-center, and they spend an undue amount of time trying to justify nearly unlimited federal power.
How We Have Learned More and More About the Constitution's "Convention for Proposing Amendments"
Listen to Mark Levin’s interview of Rob here. (Go to Aug. 29 podcast, and fast forward to minute 55.) This
Where is the Power to Suspend Habeas Corpus?
The Constitution’s Suspension Clause (Art. I, Section 9, cl. 2) limits when the writ of habeas corpus can be suspended.
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The Supreme Court’s Latest Voting Rights Case
(This is the last of five commentaries on recent Supreme Court decisions.) The Fifteenth Amendment, adopted five years after Civil
The Supreme Court’s Latest Voting Rights Case Read More »
“Necessary and Proper” = “Necessaria et Opportuna”
To justify the huge growth of federal regulations over the last few decades, lawyers and judges frequently cite the Constitution’s
“Necessary and Proper” = “Necessaria et Opportuna” Read More »