Justice Thomas’s opinion affirms that the scope of the right to keep and bear arms is fixed by the words of the amendment. The law is reflected in those words, not in some judge’s idea of what is important.
The deeper significance of Justice Thomas’s 2nd amendment opinion Read More »
Being an originalist is not a good career move [but] we do it out of love.
Constitutional Originalists Love America Read More »
Overruling Roe would have no effect on any of these other cases.
Fact Check: No, overruling Roe v. Wade would not endanger other rights Read More »
A likely motive is to recreate what happened in Montana in 1972: to expose a potential swing justice to political pressure.
Why the Leak of the Draft Decision on Roe v. Wade? Read More »
Justice Thomas punctured a judicial balloon and Justice Gorsuch issued his own sizzling opinion.
The Fascinating Supreme Court Opinions in the Vaello Madero Case Read More »
The Iroquois Confederation is a worthy subject for study . . . . However, students should not be taught that it had any significant effect on the American Union or on the Constitution.
An advocate of vast congressional power takes quotes out of context, misrepresents what others say, and makes historical errors
A Preliminary Response to Prof. Ablavsky’s “Indian Commerce Clause” Attack Read More »
The hysteria has been matched only by the detractors’ astonishing constitutional ignorance.
The ‘Independent Legislature Doctrine’—and why it frightens many on the left Read More »
The Constitution does not give Congress authority to regulate the adoption of children.
Indian Child Welfare Act: Another case of Congress’s overreach goes to the Supreme Court Read More »
The state and would-be “customers” interfering with [a religious] business model have no more constitutional standing than a thug who disrupts a church service or shouts down a speaker.
SCOTUS should uphold the right of religious people to refuse to serve the LGBT agenda Read More »
[The court should restore the Ninth Amendment. Enforcing it would not protect abortion . . . rather, it would reduce the federal government to its constitutional limits.
States contemplating interposition usually should act in cooperation with other states. This essay outlines how methods of cooperation work.
How states can work together without the feds Read More »
