The Supreme Court’s Trademark Case and the First Amendment: Carrying History Too Far
The court reached the right conclusion, but it erred in two ways.
The Great John Marshall, Part 4
Marshall was not part of the “living constitution” project. He sought to interpret the Constitution according to “the intention of its makers.”
The Great John Marshall, Part 3
There has been a effort in the law schools—and at times in the Supreme Court—to appropriate Marshall as a model for liberal activism.
It’s a “Convention of the States”—Three More Founding-Era Documents Confirm It
Three new North Carolina documents from the Founding confirm that an amendments convention is a “convention of the states.”
The Great John Marshall: Part 1
John Marshall helped secure adoption of the Constitution.
SCOTUS Defends Property Rights, but Raises Constitutional Questions
Justice Barrett’s opinion contains a readable survey of the court’s convoluted “takings” law.
Does the Constitution Have a Hidden Flaw That Could Create Tyranny? About “Gödel’s Loophole”
Is there a hidden flaw in the Constitution that, when leveraged legitimately, could create tyranny? If so, what is it?
Alexander Hamilton, Richard Hooker, and the Necessary and Proper Clause
Alexander Hamilton may have borrowed part of his Necessary and Proper Clause analysis from a famous English theologian.
The Myth that States Can’t Defend Against Illegal Immigration
Texas authorities are not trying to void a federal law. They are trying to enforce federal law. And they have a perfect right to do so.
The Constitution and Elections, Part IV: Adopting an Election-Protection Amendment
History shows that the relentless trend toward federalizing our elections will continue unless we amend the Constitution to stop it.
The Constitution and Elections, Part II: Ideal Voters and Changes by Amendment
This post discusses five constitutional amendments affecting elections.
The Constitution and Elections, Part I: The Founders’ Design
Less than two years ago, we Americans came perilously close to losing our election system. Once the balance of power shifts back again you can bet the election-rigging proposals will re-surface. And this time, they’ll pass.