This case undermined state control over its own property law and probably gave the property owner an undeserved benefit.
Tyler v. Hennepin County: Why This Seemingly Innocent Decision is Disquieting Read More »
The Commerce Clause part of the decision is a mess. There is no more polite way to describe it.
The Supreme Court’s Confused Decision in Haaland v. Brackeen Read More »
Justice Clarence Thomas frequently uses concurring and dissenting opinions to explain the Constitution’s fundamental principles.
Justice Thomas’s Latest Dissent: The Constitution and Federal Spending Read More »
Justice Alito’s majority opinion held that the phrase “waters of the United States” means only defined bodies of water—such as lakes and streams—and those wetlands that so border them that their waters’ surface merges with the surface of the lake or stream.
SCOTUS Curbs EPA: The Sackett Case Read More »
The justices unanimously ruled that keeping the entire tax-sale proceeds was unconstitutional.
The Supreme Court’s New Decision on ‘Taking Property’ Read More »
The Connecticut delegates achieved their goals through their willingness and skill in proposing moderate solutions and mutually reinforcing each other.
The Founders and the Constitution, Part 13: The Connecticut Delegates Read More »
Mason impacted the Constitution both by helping to draft it and helping to oppose it.
The Founders and the Constitution, Part 11: George Mason Read More »
The scope of permissible delegation must be determined from the text of each power and the surrounding context. But there is no need to insert the Necessary and Proper Clause into the equation, except as a useful reminder.
The “Nondelegation” Doctrine and the Necessary and Proper Clause Read More »
For many reasons, you shouldn’t try to recreate the Constitution’s original meaning from sources arising after the Constitution was adopted.
Why Madison’s 1800 Report is Irrelevant to the Constitutional Debate Over Immigration Read More »
Morris, who put the final finish on the Constitution, was a fierce opponent of slavery.
The Founders and the Constitution, Part 10: Gouverneur Morris Read More »
Washington influenced the Constitution’s operation far more as president than as a framer.
The Founders and the Constitution, Part 9: George Washington Read More »
Hamilton helped get the Constitution adopted, but wanted a much stronger central government.
The Founders and the Constitution, Part 8: Alexander Hamilton Read More »
