Understanding the Constitution: the 14th Amendment: Part I
- November 15, 2021
All of these false assertions emerged from a historical process—primarily during the 19th century—that I’ve labeled “The Great Forgetting.”
READ MOREFor 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.
READ MOREThe leading myth in Indian law is that the Constitution gives Congress “plenary” (absolute) authority over Indian affairs.
READ MOREThe court’s decisions upholding state vax mandates gave us a hint that it was about to overturn Roe.
READ MOREJustice 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.
READ MOREAs the Founders recognized, the human impulse toward mob behavior is not going to disappear. But reforms can limit its influence.
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