original meaning Archives - Page 3 of 26

Understanding the Constitution: The Great Forgetting 0
- August 4, 2022
All of these false assertions emerged from a historical process—primarily during the 19th century—that I’ve labeled “The Great Forgetting.”
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Would a federal Law legalizing abortion survive the Supreme Court?0
- July 26, 2022
For the court to strike down a federal abortion law, it would have to . . . courageously enforce the Constitution’s subject-matter boundaries between federal and state jurisdiction.
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The Constitution’s rules for relations with Indian tribes: part II 0
- July 19, 2022
The leading myth in Indian law is that the Constitution gives Congress “plenary” (absolute) authority over Indian affairs.
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The new Supreme Court: not conservative, but no longer liberal 0
- July 11, 2022
The court’s decisions upholding state vax mandates gave us a hint that it was about to overturn Roe.
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The deeper significance of Justice Thomas’s 2nd amendment opinion 0
- July 6, 2022
Justice Thomas’s opinion affirms that the scope of the right to keep and bear arms is fixed by the words of the amendment. The law is reflected in those words, not in some judge’s idea of what is important.
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The Founders and the Twitter Mob 0
- June 8, 2022
As the Founders recognized, the human impulse toward mob behavior is not going to disappear. But reforms can limit its influence.
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