The “Christian Web Designer Case” Could Have Been Much Easier
If it had been treated properly as a “freedom of the press” case, then whether designing was for business or personal purposes would have been irrelevant.
Tyler v. Hennepin County: Why This Seemingly Innocent Decision is Disquieting
This case undermined state control over its own property law and probably gave the property owner an undeserved benefit.
Arizona v. Navajo Nation: SCOTUS Zags Back
A key part of the majority opinion seems to conflict with the majority opinion in an Indian law case decided just a few days earlier.
Supreme Court Confirms Rule that when State Legislatures Act in the Amendment Process, They Do So Independently
The Supreme Court has re-confirmed a key rule of constitutional amendment law.
The Supreme Court’s Confused Decision in Haaland v. Brackeen
The Commerce Clause part of the decision is a mess. There is no more polite way to describe it.
Justice Thomas’s Latest Dissent: The Constitution and Federal Spending
Justice Clarence Thomas frequently uses concurring and dissenting opinions to explain the Constitution’s fundamental principles.
SCOTUS Curbs EPA: The Sackett Case
Justice Alito’s majority opinion held that the phrase “waters of the United States” means only defined bodies of water—such as lakes and streams—and those wetlands that so border them that their waters’ surface merges with the surface of the lake or stream.
The Founders and the Constitution, Part 13: The Connecticut Delegates
The Connecticut delegates achieved their goals through their willingness and skill in proposing moderate solutions and mutually reinforcing each other.
The Founders and the Constitution, Part 12: Benjamin Franklin
Franklin often used his wit to communicate real-world lessons.
The D.C. Circuit’s Convoluted Opinion on the “Equal Rights Amendment”
With one exception, neither the judges nor the parties in the case seemed to understand any of the basic principles of amendment law listed here.
The Founders and the Constitution, Part 11: George Mason
Mason impacted the Constitution both by helping to draft it and helping to oppose it.
Why Madison’s 1800 Report is Irrelevant to the Constitutional Debate Over Immigration
For many reasons, you shouldn’t try to recreate the Constitution’s original meaning from sources arising after the Constitution was adopted.
