originalism

Understanding the Constitution: Originalism was not invented by partisan Republicans 0
- September 23, 2022
In constitutional law, the methods applied by “progressives” are the new, partisan inventions. Originalism is the standard bequeathed by the ages.
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Will the Supreme Court stretch the Commerce Clause even more?0
- September 7, 2022
Some claim that when the word “Commerce” is applied to Native Americans, it magically balloons in scope, allowing Congress to regulate just about anything.
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Understanding the Constitution: The Power to Restrict Immigration 0
- September 5, 2022
The Constitution gives Congress power to “define and punish” offenses against the law of nations. Scholars popular among the Founders wrote that illegal immigration is such an offense.
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Understanding the Constitution: Why it doesn’t protect the unborn 0
- August 10, 2022
As Justice Samuel Alito pointed out in Dobbs v. Jackson Women’s Health (pdf)—and as the late, great Justice Antonin Scalia said repeatedly—the Fifth and 14th Amendment Due Process Clauses really have nothing to do with abortion.
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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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