Overturning the Twentieth Century?
Elite opinion aside, the Supreme Court has not aggressively attacked the bad precedents of the past century. Maybe it should.
Phil Weiser’s effort to muzzle free speech
How Weiser endorsed a now-defunct Montana effort to silence people.
How the Founders Explained Limits on the Federal Government
We should take the Founders at their word.
Parents’ Rights: Why a Judge Stopped California From Concealing Children’s ‘Gender Transition’ From Parents
The Supreme Court reads the two Due Process Clauses to protect a constitutional right to direct the upbringing of one’s own children.
Unpacking the Presidential Appointments Lawsuit
For the Supreme Court to decide in favor of the president, it probably would have to overrule Humphrey’s Executor v. United States (1935)
The Constitution and the Trump Tariffs
The President reads Congress’s delegation of authority correctly, but Congress’s delegation goes beyond that permitted in the Constitution.
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.
