The Constitution and Elections, Part III: 20th Century Changes
The Constitution’s design for regulating elections at the state level is still largely intact. But the transfer of voting strength away from those with a stake in society and the growth of federal power threaten what remains of the system.
How States May Respond to Illegal Immigration, Part V: About Birthright Citizenship
Our research on state war powers and on allegiance clearly points to an answer on whether the U.S. born children of undocumented immigrants are “birthright citizens”
Old Gun Controls That Were Constitutionally Repealed Are Not Precedents for Modern Gun Control
Originally published on Reason.com This week amicus briefs were filed in United States v. Rahimi, the only Second Amendment merits case currently before the Supreme Court. The docket page for the case is here. I will be blogging later about various briefs in the case. This post describes the amicus brief that I filed, available here. […]
The Highly Political and Misunderstood Case of Moore v. Harper
Chief Justice Roberts’s language may create confusion the next time a state has a contested presidential election.
Tyler v. Hennepin County: Why This Seemingly Innocent Decision is Disquieting
This case undermined state control over its own property law and probably gave the property owner an undeserved benefit.
The Sources Cited by the Supreme Court in Bruen
Originally published on Reason.com This post lists all the sources cited by the majority opinion in New York State Rifle & Pistol Association v. Bruen. The cites provide useful guidance to lower courts for analyzing Second Amendment cases. Since the Supreme Court’s June 2022 Bruen decision, government lawyers, with the assistance of gun prohibition lobbies, have been […]
Here’s What a Truly Conservative Supreme Court Would Do
A truly conservative-activist majority would strike down a range of state and federal economic regulations as violating due process. Gone would be minimum wage laws, maximum hour rules, price controls of any kind.
A Further Response to Prof. Ablavsky on the Indian Commerce Clause
We discovered that Ablavsky’s work contained a disturbing number of inaccurate, non-existent, and misleading citations, as well as deceptively-edited quotations.
The deeper significance of Justice Thomas’s 2nd amendment opinion
Justice 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.
SCOTUS should uphold the right of religious people to refuse to serve the LGBT agenda
The state and would-be “customers” interfering with [a religious] business model have no more constitutional standing than a thug who disrupts a church service or shouts down a speaker.
1937-1944: How the Supreme Court Re-wrote the Constitution – the Complete Series
This series explains THE central event in the conversion of a constitutional federal government into the present unlimited “monster state.”
Biden’s pool of potential SCOTUS nominees hurts diversity rather than promotes It
If Biden truly cared about judicial diversity, instead of ruling out males and non-blacks, he’d rule out Harvard and Yale.
