originalism

The Supreme Court’s Confused Decision in Haaland v. Brackeen 0
- June 21, 2023
The Commerce Clause part of the decision is a mess. There is no more polite way to describe it.
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Justice Thomas’s Latest Dissent: The Constitution and Federal Spending 0
- June 19, 2023
Justice Clarence Thomas frequently uses concurring and dissenting opinions to explain the Constitution’s fundamental principles.
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The Supreme Court’s New Decision on ‘Taking Property’0
- June 12, 2023
The justices unanimously ruled that keeping the entire tax-sale proceeds was unconstitutional.
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The “Nondelegation” Doctrine and the Necessary and Proper Clause 0
- May 30, 2023
The scope of permissible delegation must be determined from the text of each power and the surrounding context. But there is no need to insert the Necessary and Proper Clause into the equation, except as a useful reminder.
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Why Madison’s 1800 Report is Irrelevant to the Constitutional Debate Over Immigration 0
- May 28, 2023
For many reasons, you shouldn’t try to recreate the Constitution’s original meaning from sources arising after the Constitution was adopted.
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Who Called the Constitutional Convention? The Commonwealth of Virginia 0
- April 14, 2023
The Virginia legislature, not Congress, called the Constitutional Convention.
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