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.
Answering the Latest Anti-Originalism Narrative
Originalism is not a new theory; it is very old. And it is not “unique;” it is how we normally interpret documents, and how the Founders expected the Constitution to be interpreted.
Restoring the Constitution’s Presidency: Modifying Myers and Overruling Humphrey’s Executor
Myers and Humphrey’s Executor untethered the presidency from the Constitution.
Cutting the Gordian Knot of Birthright Citizenship
There can be no perfect interpretation of the Citizenship Clause. But there is a best one: A child is born “subject to the jurisdiction” of the United States when his or her parents are in allegiance to the US—either US citizens or non-diplomat foreigners from friendly countries legally in the United States.
Why the Supreme Court Should Overrule the Same-Sex Marriage Decision
Shortly after the ruling, I wrote that Obergefell might be the Supreme Court’s “most radical decision ever.” A decade later, that assessment seems correct.
Why Issues of Birthright Citizenship Are So Difficult
What makes this issue so difficult is that all the major positions have evidence to support them.
Virgil and the Constitution
Participants in the debates over the ratification of the Constitution freely quoted Virgil to drive home their arguments.
Unpacking the Supreme Court’s ‘Universal Injunction’ Decision
The court found that the statute granting courts power to grant injunctions did not include universal injunctions.
Implied Powers in the Constitution
The Founding-era doctrine of implied powers has been misunderstood during the modern era. Result have been an over-estimate of congressional power and confusion about the President’s authority.
“The Original Constitution”—Long-Awaited 4th Edition Arrives!
The latest edition responds to new controversies surrounding an old document.
