The ‘Independent Legislature Doctrine’—and why it frightens many on the left
The hysteria has been matched only by the detractors’ astonishing constitutional ignorance.
Indian Child Welfare Act: Another case of Congress’s overreach goes to the Supreme Court
The Constitution does not give Congress authority to regulate the adoption of children.
The left’s attack on attorney-client confidentiality
The Jan. 6 committee appears to have no more regard for the attorney-client privilege than for the Constitution’s Speech and Debate Clause.
The Electoral Count Act Is Unconstitutional
The most important problem with the Electoral Count Act is that any law governing this “federal function” simply has no effect.
SCOTUS should uphold the right of religious people to refuse to serve the LGBT agenda
The state and would-be “customers” interfering with [a religious] business model have no more constitutional standing than a thug who disrupts a church service or shouts down a speaker.
Supreme Court should recognize ‘diversity’ programs are about leftist politics, not education
There’s only one coherent explanation for such programs, and that is political.
Understanding the Constitution: Why Biden is wrong to think the 9th Amendment protects abortion
[The court should restore the Ninth Amendment. Enforcing it would not protect abortion . . . rather, it would reduce the federal government to its constitutional limits.
War has a way of clarifying what’s important
The male virtues are central to any well-functioning society.
How states can work together without the feds
States contemplating interposition usually should act in cooperation with other states. This essay outlines how methods of cooperation work.
Never Again! Reforms to prevent future pandemic overreach
Right now—while pandemic mistakes are fresh in our minds—is the time to adopt legal reforms to ensure those mistakes don’t happen again.
Two New Conventions of States Discovered!
This information raises the number of verified conventions of colonies and states to 42. This experience renders absurd the common claim that the . . . details of conventions of states are “unknown.”
On “Federal Functions,” the 2020 election, the Necessary and Proper Clause & con law courses
It is perverse to spend so much [constitutional law] class time on areas of recurrently-shifting jurisprudence, while neglecting constitutional principles that are just as central and far more enduring.
