Why do many judges and commentators abandon standard interpretative methods when addressing some parts of the Constitution? The answer is clear.
The Supreme Court re-affirms Indian treaty originalism Read More »
This case illustrates how judges apply originalism for almost all legal documents — except the Constitution.
“. . . .the powers of this Congress are confined to what is expressly delegated to them”
New evidence on the meaning of the Necessary and Proper Clause Read More »
I examined how the Constitution was represented to, and understood by, the ratifying public. And that resolved any doubt.
New evidence on the constitutionality of paper money Read More »
“THE POWERS OF THE SWORD ARE IN THE HANDS OF THE YEOMANRY OF AMERICA FROM SIXTEEN TO SIXTY … Who are the militia? are they not ourselves[?].”
The founder who told Americans we have a right to military weapons Read More »
Arms-length market transactions simply are not “emoluments” as the Constitution uses the word.
Time to end the “emoluments” lawsuits against Trump Read More »
This passage leaves nothing to inference: Coxe states explicitly that the militia consists of every man from 16 to 60 years of age.
The Constitution created a strictly limited central government, which . . . would have no authority over religion, most criminal offenses, civil justice, social services, education, or most aspects of transportation or the economy.
Originalism is the prevailing method of interpreting almost all legal documents. An originalist is simply a person who believes we should use the same principles to interpret the Constitution
What would America look like with an originalist Supreme Court? Read More »
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.
Justice Thomas again shows he’s the Supreme Court’s only consistent originalist Read More »
NPV . . . with or without congressional approval . . . violates a central principle of constitutional law.
Why the “National Popular Vote” scheme is unconstitutional Read More »
Today the only consistent originalist on the Supreme Court is Justice Clarence Thomas.
What Is Originalism? Read More »
