Justice Gorsuch’s Take on the Major Questions Doctrine
The Major Questions Doctrine is in the Constitution because it simply is the logical obverse of the Doctrine of Incidental Authority, which pervades the Constitution.
Does the Constitution require a declaration of war for President Trump to maintain his Iran offensive?
When the Constitution was adopted, international law required declarations only for offensive, not defensive, conflicts.
The Tariff Case—A Lost Opportunity (exclusive analysis for II)
Learning Resources v. Trump was a lost opportunity to begin the process of nudging Congress back into its constitutional cage.
Lefty Claims that by Curbing Government Waste, Musk Violated the ‘Contitution’
The truth is that under a fair reading of the Constitution, most of the projects DOGE found were themselves unconstitutional.
Overturning the Twentieth Century?
Elite opinion aside, the Supreme Court has not aggressively attacked the bad precedents of the past century. Maybe it should.
How the Founders Explained Limits on the Federal Government
We should take the Founders at their word.
Parents’ Rights: Why a Judge Stopped California From Concealing Children’s ‘Gender Transition’ From Parents
The Supreme Court reads the two Due Process Clauses to protect a constitutional right to direct the upbringing of one’s own children.
Unpacking the Presidential Appointments Lawsuit
For the Supreme Court to decide in favor of the president, it probably would have to overrule Humphrey’s Executor v. United States (1935)
The Constitution and the Trump Tariffs
The President reads Congress’s delegation of authority correctly, but Congress’s delegation goes beyond that permitted in the Constitution.
President Trump, the Constitution, and the National Guard Cases
Analyzing the law behind recent cases challenging the President’s authority to federalize the National Guard.
Ancient Rome and the Constitution
You cannot fully understand the Constitution without knowing how the Founders were affected by the saga of ancient Rome.
Who Called the Constitutional Convention? The Commonwealth of Virginia
The Virginia legislature, not Congress, called the Constitutional Convention.
