How a Conspiracy Cracked a Monopoly
Anyone interested in the constitutional debate over the “Affordable Care Act” should pick up a copy of the new book,
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Can Treaties Override the Constitution? An Issue Posed By Bond v. United States
One of the most common questions posed to me when I discuss the Constitution on talk radio is “Can a
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Who Says History is Relevant to Article V? Well, the U.S. Supreme Court, For One!
In 1988, Oxford University Press published Russell Caplan’s book Constitutional Brinksmanship. It revealed some of the extensive history behind the
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May state legislative applications limit an Article V convention? Subject, yes; specific language, probably not
Some constitutional scholars believe state applications for a convention for proposing amendments may limit the convention to voting “yes” or
Must the Federal Government Honor an "Equal Protection" Rule?
Does the Constitution require the federal government to afford “equal protection of the laws?” At first glance at the Constitution’s
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The Supreme Court’s Latest Voting Rights Case
(This is the last of five commentaries on recent Supreme Court decisions.) The Fifteenth Amendment, adopted five years after Civil
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The Defense of Marriage Act Case: A Carcass for Constitutional Vultures
(This is the fourth of several short commentaries on recent Supreme Court decisions.) U.S. v. Windsor—the case in which the
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Do the Feds Belong in Indian Adoption Law? (Together with another Natelson citation in the Supreme Court and an acknowledgment of Lisa Morris)
(Note: This is the second of several short commentaries on recent Supreme Court decisions.) There is little more heart-rending than
The Myth of the “Conservative Supreme Court”
Is the current U.S. Supreme Court conservative? No, it is not. And certainly not if you define “conservative” as interpreting
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The greatly misunderstood Chief Justice John Marshall
One of the most enduring myths in American constitutional history is that Chief Justice John Marshall was a judicial activist
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Supreme Court’s New First Amendment Decision Unrelated to the First Amendment
Commentators and journalists sometimes describe the current U.S. Supreme Court as “conservative.” But that’s not true if your definition of
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