Unfortunately, rather than challenging Warren on the constitutionality of her plans, Biden is imitating them, at least when it comes to the assault on the First Amendment.
SCOTUS Debates Whether the Right to Trial by Jury Should Mean the Same Thing in State and Federal Court
Understanding what’s at stake in Ramos v. Louisiana.
Putting up with some drag-queen storytelling seems like a small price to pay to live in a relatively free society.
The Democratic presidential field is not interested in your puny restraints on the executive branch.
The Founders Were Flawed. The Nation Is Imperfect. The Constitution Is Still a 'Glorious Liberty Document.'
As part of its ambitious “1619” inquiry into the legacy of slavery, The New York Times revives false 19th century revisionist history about the American founding.
His border lawlessness keeps growing
An amendment to this year's military spending bill says the president must go to Congress before launching another war.
It's an unconventional approach befitting of an unconventional presidential candidate.
“Our role is to enforce the Takings Clause as written.”
Both the libertarian-leaning Republican and the democratic socialist want Trump to withdraw U.S. troops from Syria.
The nation's force mustered in service of the nation's will.
It's an attempt to make an end-run around congressional spending authority.
Bargaining over policy is supposed to be frustrating. That's a feature, not a bug, of limited government.
Compelled use of facial and finger recognition features runs afoul of the Fifth Amendment.
Two brothers were arrested at a Giants-49ers game after cursing out and flipping off the Giants players. Now they're suing.
Legal scholar Eric Segall argues originalism doesn't qualify as a constitutional theory because originalists disagree on too many things. His case is overstated. But if it's correct, the same criticism applies to living constitutionalism.
Living constitutionalists argue that their methodology allows us to improve constitutional law over time. But what if it actually makes it worse? Legal scholar Ernest Young raises that very question in an important new article.
On Tuesday, voters in six states approved Crime Victims' Rights Amendments, continuing a long-term trend towards expanding the crime victim's role in the criminal justice process
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.
First thoughts on Jonathan Gienapp's The Second Creation: Fixing the American Constitution in the Founding Era
The 13th Amendment outlaws slavery, but not for prison inmates.
Rosenstein was not happy with how Trump handled the James Comey firing.
The U.S. Constitution was signed on this day 231 years ago.
The Massachusetts Democrat is grandstanding, but that doesn't mean she's wrong.
Efforts on both right and left to make the democracy-promotion the key focus of constitutional law should be rejected.
The National Constitution Center summarizes contributions to the ongoing debate over the constitutionality of the Space Force - including a new Congressional Research Service report on the subject.
Critics say the "red flag" law is violating Floridians' constitutional rights.
What we should celebrate on Independence Day.
Some originalists believe that following the original meaning of the Constitution is intrinsically valuable, while others support it only for instrumental reasons. The difference between the two approaches has important implications.
"It was insensitive and irresponsible not to appreciate that not all communities can celebrate what life was like in 1776."
I am reposting my 2016 post on this subject, on the occasion of Kevin Walsh's guest-blogging stint addressing the same issue.
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.
From Syria to spending, the legislative branch has lost all interest in performing its basic constitutional functions.
You don't have to be an originalist to conclude that the Constitution requires congressional authorization for war.
Indefinite detention carried the day in Jennings v. Rodriguez, but the ruling affirms an important principle that may eventually kill the practice.