The Fascinating Supreme Court Opinions in the Vaello Madero Case
Justice Thomas punctured a judicial balloon and Justice Gorsuch issued his own sizzling opinion.
Did the Iroquois Confederation influence the Constitution? A myth they may be teaching your children
The Iroquois Confederation is a worthy subject for study . . . . However, students should not be taught that it had any significant effect on the American Union or on the Constitution.
A Preliminary Response to Prof. Ablavsky’s “Indian Commerce Clause” Attack
An advocate of vast congressional power takes quotes out of context, misrepresents what others say, and makes historical errors
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.
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.
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.
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.
Can pro-Trump congressmen be disqualified as ‘insurrectionists?’
Banks’ and Cawthorn’s accusers . . . are apparently ignorant of our constitutional traditions. They are also malicious . . . .
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.
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.
1937-1944: How the Supreme Court Re-wrote the Constitution – the Complete Series
This series explains THE central event in the conversion of a constitutional federal government into the present unlimited “monster state.”
