Understanding the Constitution: the 14th Amendment: Part I

This two-part essay is a primer on the longest amendment ever adopted—the 14th.
Defending the Constitution: Secrets behind those ‘obscure’ provisions

Here are questions and answers addressing five of the Constitution’s less famous provisions.
Justice Thomas again shows he’s the Supreme Court’s only consistent originalist

Although Justice Thomas agreed that the protection against excessive fines applies to the states, he was the only member of the court to do so on plausible originalist grounds.
The greatest constitutional document of all
This article was first published in The American Thinker. It is said that no second heir to the British throne has been named John because of the reputation of the first. King John (reigned: 1199-1216) could be charming and efficient, but he was ruthless and utterly untrustworthy, and several times he drove his subjects to […]
The Great Forgetting

The meaning of some of the Constitution’s 18th century terminology was lost during the 19th century, leading to widespread misunderstanding.
Institute for Justice Brief in McDonald v. Chicago

Originally published on Volokh.com Counsel of record is Clark Neilly, who was Alan Gura’s right-hand man in Heller. The most important part of the brief is Part III, which begins: “To enslave a class of people requires three basic things: destroy their self-sufficiency, prevent them from fighting back, and silence any opposition.” The brief then goes […]