Your Guide to This Year’s Constitutional Cases From SCOTUS — Part I
The Supreme Court issued both liberal and constitutionalist decisions.
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.
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 Supreme Court’s New Decision on ‘Taking Property’
The justices unanimously ruled that keeping the entire tax-sale proceeds was unconstitutional.
The Founders and the Constitution, Part 11: George Mason
Mason impacted the Constitution both by helping to draft it and helping to oppose it.
The “Nondelegation” Doctrine and the Necessary and Proper Clause
The scope of permissible delegation must be determined from the text of each power and the surrounding context. But there is no need to insert the Necessary and Proper Clause into the equation, except as a useful reminder.
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.
The Founders and the Constitution, Part 10: Gouverneur Morris
Morris, who put the final finish on the Constitution, was a fierce opponent of slavery.
The Founders and the Constitution, Part 9: George Washington
Washington influenced the Constitution’s operation far more as president than as a framer.
