Rand Paul and Alexandria Ocasio-Cortez Found Something They Can Agree On
Both the libertarian-leaning Republican and the democratic socialist want Trump to withdraw U.S. troops from Syria.
Constitution
The Executive Power Clause—Crux of the Constitutional Settlement
The nation's force mustered in service of the nation's will.
James Madison on Abuse and Usurpation
An essential distinction for understanding problems vexing the constitutional order
Trump's Emergency Declaration May Be Legal, but It's an Affront to the Constitution Anyway
It's an attempt to make an end-run around congressional spending authority.
Once a Critic of Executive Power, Trump Is Now Taking Us Closer to Rule by Decree
Bargaining over policy is supposed to be frustrating. That's a feature, not a bug, of limited government.
Judge Rules Police Cannot Require People to Unlock Their Own iPhones With Thumb or Iris
Compelled use of facial and finger recognition features runs afoul of the Fifth Amendment.
Is There a First Amendment Right To Tell Your Team They 'Fucking Suck'?
Two brothers were arrested at a Giants-49ers game after cursing out and flipping off the Giants players. Now they're suing.
Your Right to Bear Nunchucks Is Safe
A federal court has struck down a New York ban inspired by kung fu movies.
Here's What You Need to Know to Argue in the Latest Immigration Debate
President Trump's hardline immigration stances have made for some polarizing debates.
Rep. Justin Amash Slams Trump's Birthright Citizenship Threat: POTUS Can't 'Amend Constitution' With Executive Order
At least one Republican congressman agrees.
Were The Framers Originalists (and Does It Matter)?
First thoughts on Jonathan Gienapp's The Second Creation: Fixing the American Constitution in the Founding Era
Kanye West Doesn't Want to Bring Back Slavery. He's Trying to Abolish It for Good.
The 13th Amendment outlaws slavery, but not for prison inmates.
NYT: Rosenstein Suggested Secretly Taping Trump, Using the 25th Amendment to Oust Him
Rosenstein was not happy with how Trump handled the James Comey firing.
Reason Staffers Share Their Favorite Constitutional Amendments
The U.S. Constitution was signed on this day 231 years ago.
Elizabeth Warren to Cabinet: If You Don't Like Trump, Give Him the Boot
The Massachusetts Democrat is grandstanding, but that doesn't mean she's wrong.
A Reason to Celebrate This Fourth of July
The Constitution and the Declaration of Independence have helped keep us mostly free.
Stossel: Life, Liberty, and the Pursuit of Happiness
What we should celebrate on Independence Day.
High School Principal Apologizes for Prom Tickets That Say 'Party Like It's 1776'
"It was insensitive and irresponsible not to appreciate that not all communities can celebrate what life was like in 1776."
The Case for Abolishing the Requirement that the President Must be a "Natural Born" Citizen
I am reposting my 2016 post on this subject, on the occasion of Kevin Walsh's guest-blogging stint addressing the same issue.
My New Article on "Foot Voting, Decentralization, and Development"
This forthcoming article discusses how we can massively expand economic opportunity by making it easier for people to "vote with their feet," both domestically and through international migration.
Forget Robert Mueller. Trump's Attacks On Syria Are a Reminder We're Already in a Constitutional Crisis
Congress has completely abdicated its constitutional responsibility to authorize war.
The Real Constitutional Crisis Is Congress' Unwillingness to Do Its Job: Podcast
From Syria to spending, the legislative branch has lost all interest in performing its basic constitutional functions.
Felons Who Want Their Voting Rights Back Are Getting Unconstitutionally Screwed, Says Judge
The state uses a panel of partisan officials with absolute discretion to determine who gets to vote again
When the Constitution Was 'At War With Itself,' Frederick Douglass Fought on the Side of Freedom
A new appreciation of the great abolitionist on the 200th anniversary of his birth.
Trump's Executive Order on Sanctuary Cities Flunks the Constitutional Test
Why the Trump administration lost in federal court.
The Senate Democrats' Pathetic Attack on Justice Don Willett
The 5th Circuit nominee faces the Senate Judiciary Committee.
No, The Electoral College Isn't Rigged to Favor Rural Trumpism
It's time to put the myth of electoral bias out of its misery.
Constitutional Conservatives for Defrocked Judges
Ted Cruz joins Rand Paul and Mike Lee in enthusiastically endorsing lawless jurist Roy Moore.
Trump Calls the Congressional GOP's Bluff
From Iran to Obamacare to DACA, the president is acting on what Republicans have long promised, in a way that rightly devolves power to the legislative branch.
Left Loses its Mind Over Jeff Sessions Memo That Brazenly Restates Existing Law
This country has a long history of protections for freedom of conscience.
To Commemorate Constitution Day, Princeton Professor Says 'F%*# Free Speech'
The academy, the director of the African Studies program contends, has never considered speech a central value.
More Than a Third of Americans Have No Idea What the First Amendment Says
And 20 percent don't know atheists have the same rights as everyone else.
Rand Paul: 'I Think President Trump's Instincts Are Still Leaning Against Major Involvement in Foreign War With Great Land Forces'
Kentucky senator talks about his vote on intervention-authorizations, says John McCain "has never met a war he wasn't interested in getting the U.S. involved in," and worries about "these generals whispering in" Trump's "ears every day."
Justin Amash and Rand Paul Talk Congressional Pushback on SiriusXM Insight from 2-4 p.m. ET
Matt Welch interviews the libertarian-leaning legislators, as well as Emily Yoffe and Eli Lake, on Channel 121
Watch Rand Paul Urge Congress to Stop Letting the President 'Do Whatever He Wants' in War
"The neoconservatives and the neoliberals believe the president has unlimited authority," senator complains during unsuccessful attempt to repeal the post-9/11 authorizations for the use of military force.
James Madison Would Love Sanctuary Cities
Federalism is alive and kicking in the age of Trump.
From Bork to Willett: Is the Conservative Legal Movement Going Libertarian?
Libertarian legal ideas are gaining ground.
How To Impeach the President (Or Not)
It's more complicated than you think and one method involves a constitutional amendment invoked when presidents get colonscopies.
The Birth of the Living Constitution
Should we interpret the Constitution as a living document?
You Want Checks and Balances? Stop Ignoring the Constitution When You're in Power
Once the trust in checks and balances is eroded, it's difficult to regain.
After Comey Firing, Congress Gives Up on Checks and Balances
It's time to bring back meaningful Congressional oversight of the executive branch.
No, Trump Won't Change the First Amendment, But It Matters That People Want To
Government censorship always wears the mask of 'public interest,' and this will be no different.
Will a Constitutionally Questionable Doctrine Save Trump's Travel Ban?
The justices could choose to look the other way because of the plenary power doctrine.
Chuck Schumer's Indecent Attacks on Neil Gorsuch
The Senate minority leader can reject a Supreme Court nominee for any reason he wants, or even none at all.
Foreign Policy is Not For the Courts to Determine
The federal judge who halted President Trump's travel ban overreached.