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 »
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 »
As the Founders recognized, the human impulse toward mob behavior is not going to disappear. But reforms can limit its influence.
The Founders and the Twitter Mob 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 »
