These essays will focus on the writers who taught the Founders their political lessons—their lessons in republicanism, in political organization, and in political virtue.
First in a series: The ideas that formed the Constitution Read More »
Many writings by law professors merely serve a political agenda and do not meet the minimal qualifications for real scholarship
Why nine? Because any combination of nine states (even the nine with the smallest populations) would comprise a majority of American citizens.
In constitutional law, the methods applied by “progressives” are the new, partisan inventions. Originalism is the standard bequeathed by the ages.
Understanding the Constitution: Originalism was not invented by partisan Republicans Read More »
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 »
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 »
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 »
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 »
