May state legislative applications limit an Article V convention? Subject, yes; specific language, probably not
- September 12, 2013
Clarence Thomas
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The Most Radical Decision Ever?0
- June 29, 2015
This article first appeared in The American Thinker. A complete commentary on the same sex marriage case would take far more than a single short article. Accordingly, I offer only some discrete thoughts: * A big expansion of federal power. Many libertarians believe the courts should use the Fourteenth Amendment to protect rights unenumerated in
READ MORENew Study Shows Campaign Disclosure Rules Violate First Amendment0
- March 3, 2015
This article was first published at the American Thinker website. Many commentators and politicians have attacked the Supreme Court’s 2010 case of Citizens United v. Federal Election Commission for holding that citizens do not surrender their First Amendment rights when they organize under state corporation law. The Vermont state legislature has even adopted an application
READ MOREMore Evidence From Last Term That It’s Not a “Conservative Supreme Court”0
- October 20, 2014
Note: This article was first published at cns news. There is a common media myth that the current U.S. Supreme Court, or at least a majority of the current justices, is “conservative.” But if a “conservative” justice is one who consistently interprets the Constitution in accordance with traditional methods of judging—as the Founders intended for
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Town of Greece Case Returns the Establishment Clause To Its Original Meaning0
- May 15, 2014
Last week I reported on Justice Thomas’ citation of my work in his concurring opinion in Town of Greece v. Galloway, a widely-discussed decision on the Establishment Clause of the First Amendment. This week, I’ll put the decision in context. The meaning of the Establishment Clause (“Congress shall make no law respecting an establishment of
READ MORERob Natelson Cited Again at Supreme Court—This Time in a Religion Case0
- May 10, 2014
I’m pleased to report that this past week the brilliant Justice Clarence Thomas cited my work on the Necessary and Proper Clause in his concurring opinion in Town of Greece v. Galloway, an Establishment Clause case that received wide publicity. This was the thirteenth citation in the third Supreme Court case in the past 11
READ MOREThe Supreme Court’s Latest Voting Rights Case0
- July 28, 2013
(This is the last of five commentaries on recent Supreme Court decisions.) The Fifteenth Amendment, adopted five years after Civil War ended, was designed primarily to secure the right to vote for newly-freed slaves. Section 1 of the Amendment provides that “The right of citizens of the United States to vote shall not be denied
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