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 »
Although the men profiled in this series often disagreed with each other, each played a part of which Americans can be proud.
The Founders and the Constitution, Part 1: Introduction Read More »
Congress’ effort to regulate Indian child placement is unconstitutional.
New Video on the Limits of Congress’s Commerce Clause Power Read More »
Participants in the ratification debates could supplement English by using Virgil’s expressions . . . Virgil gave their message more force.
The ideas that formed the Constitution, Part 10: Virgil alone Read More »
Founding era state legislative records show beyond doubt that an amendments convention is a “convention of the states”
During the Founding era, the phrase “regulate Commerce” had a very specific meaning
The real Commerce Clause—as the Founders knew it 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 »
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 »
