James Madison's Decentralized Republic
The Constitution was intended to preserve state sovereignty, not create an all-powerful central government.
Constitutional Interpretation
My Forthcoming Article on "The Case for Expanding the Anticanon of Constitutional Law"
It argues for increasing the number of cases in the Supreme Court's "Hall of Shame" and proposes three worthy additions.
The Continuing Relevance of Frederick Douglass
Douglass is best-known for his role in the abolitionist movement that helped end slavery. But much of his thought is also relevant to contemporary issues.
The FTC Wants To Outlaw Noncompete Clauses, but Does It Have the Authority?
The Commission's lone dissenter says Congress has not charged it with regulating noncompete clauses.
"The 'Common-Good' Manifesto" Is Now Published
reviewing Common Good Constitutionalism.
Is Justice Jackson the "De Facto Leader" of Progressive Originalists?
Originalist scholar Larry Solum suggests KBJ could be the Left's Antonin Scalia.
What Twitter's Suppression of the Hunter Biden Laptop Story Tells Us About the Media
Plus: The editors consider a listener question on the involuntary hospitalization of the mentally ill.
You Can Record Video of Police in Action. But Can You Livestream That Video?
Plus: Court rejects Biden plea on student loan plan, Ohio cops don't understand the First Amendment, and more...
Eric Adams' Plan To Involuntarily Hospitalize Mentally Ill Homeless People Will Face Legal Challenges
Civil liberties groups say Adams' plan violates constitutional rights protecting people with mental illness from being confined against their will simply for existing.
Kansas Voters Could Give Legislature Power To Veto Executive Branch Regulations
The proposed constitutional amendment would shift the state's balance of political power.
The Supreme Court Could End Affirmative Action
In the two cases, brought against Harvard and the University of North Carolina, anti-affirmative action group Students for Fair Admissions argues that race-conscious admissions violate the Civil Rights Act
There's No Way FOSTA Isn't a First Amendment Violation, Says Lawsuit
The case is now on appeal after a lower court said the ban on websites promoting prostitution didn't concern protected speech.
Review of Ilya Shapiro's "Supreme Disorder"
One Ilya reviews a book written by another. Hopefully, this won't exacerbate #IlyaConfusion!
Justice Stevens Admits Error in the Kelo Case—but Also Doubles Down on the Bottom Line
In his recent memoir, he admits he seriously misinterpreted precedent in one of his most controversial decisions, but maintains he still got the result right.
