Scalia v. Epstein - 35 Years Later
Revisiting their debate on judicial protection of economic liberty.
Constitution
A Tattooed Libertarian on the Arizona Supreme Court: Clint Bolick's Long Fight for Freedom
Q&A with the co-founder of Institute for Justice about immigration, his legal philosophy, his battles with Sheriff Joe Arpaio, and that tattoo.
Rudeness Isn't Illegal Says Sixth Circuit, In Case of Flipped-Off Cop Who Issued Ticket
Plus: Can sex workers ever trust Kamala Harris? Why do teens love Google Docs? And how is Tumblr faring without porn?
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
In Giant Cross Case, Justices Struggle to Clean Up a 'Dog's Breakfast' of Confusing Precedents
The alternatives suggested by defenders of the monument do not seem much better.
Can a Giant Christian Cross Be Secular?
The challenge to a World War I memorial in Maryland illustrates the confusion caused by the Supreme Court's Establishment Clause cases.
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.
The Time for an All-Male Military Draft 'Has Passed,' Says Federal Judge: Reason Roundup
Plus: Silicon Valley is suspicious of media, Cory Booker calls for weed reform, and how to understand the "upper middle class"
Federal Court Rejects 'For the Children' Ban on Bare-Breasted Women: Reason Roundup
Plus: A judge says Jeffrey Epstein case was mishandled, and Andrea Dworkin is making a comeback.
How the Feds Are Using Civil Asset Forfeiture to Threaten Free Speech
Sex, publishing, and quasi-legal theft collide in the Backpage prosecution.
Trump's Phony Yet Legal Border Emergency
Congress seems to have authorized this end run around its spending power. Can it do that?
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.
Constitutional Liquidation
My latest article on James Madison and constitutional practice, with some criticisms and related links
Last Year Saw 'Furthest-Reaching Attempt to Censor Online Speech' Since the 1990s, Say FOSTA Challengers
As the lawsuit against FOSTA hits appeals court, three essays about the law that everyone should read.
Kavanaugh Gives Mixed Signals in First Supreme Court Abortion Ruling
In a 5-4 decision, the Court issued a temporary stay of a Louisiana law that could put abortion doctors out of business.
4 Cases That Show the Scope of Services, Speech, and Conduct Protected by Section 230
Gun buyers, gay lovers, cannabis customers, and Yelp users are just a few of the groups that benefit from this federal law.
The Next Attorney General Says He Won't Go After State-Licensed Marijuana Suppliers
William Barr does not like legalization but says Congress has to resolve the "untenable" conflict between state and federal law.
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.
Are Boycotts Protected by the First Amendment?
Only if you like the cause they serve, according to supporters of laws that target the anti-Israel BDS movement
Washington Redefines All Semi-Automatic Rifles As 'Assault Weapons'
A ballot initiative that took effect this week bans sales to adults younger than 21.
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.
California Says Residents With Vacated Out-of-State Convictions May Not Own Guns
A federal lawsuit says the state is violating the Second Amendment by refusing to recognize the restoration of firearm rights by courts in other states.
Kansas Supreme Court Says Cops Can Search Your Home Without a Warrant If They Claim It Smells Like Pot
Cops supposedly smelled 25 grams of pot inside a plastic container inside a safe inside a closet 30 feet from a guy's doorstep.
Does a State Law That Bars Newcomers From Selling Liquor Violate Their 'Privileges or Immunities'?
In a case SCOTUS will hear next month, victims of Tennessee's protectionism argue that it flouts the 14th Amendment as well as the Commerce Clause.
Your Right to Bear Nunchucks Is Safe
A federal court has struck down a New York ban inspired by kung fu movies.
Repudiating the 'Dual Sovereignty' Exception to the Double Jeopardy Clause Could Undermine the Federal War on Weed. Oh No!
The Supreme Court seems disinclined to overturn precedents allowing serial prosecutions of the same crime.
A Powerful Dissent Charges Judges Who Casually Uphold Magazine Restrictions With Disrespecting the Second Amendment
A 3rd Circuit judge says the decision approving New Jersey's 10-round limit treats the right to arms less seriously than other constitutional rights.
Stop Ignoring Double Jeopardy
The Supreme Court should reconsider the misbegotten "dual sovereignty" doctrine.
Profitable Penalties Imperil Justice
The Supreme Court should make it clear that state forfeitures are constrained by the Excessive Fines Clause.
First Amendment Victory for Strip Club Gives New Jersey Businesses the Right to Advertise a BYOB Option
A federal judge overturns a state ban on telling customers they can bring their own beer or wine.
What Constitutional Lawyers can Learn from Spiderman
Constitutional law could be improved by taking account of the principle that "with great power, comes great responsibility."
Is Originalism a Theory? Is Living Constitutionalism?
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.
Who Is Lawfully the Attorney General Right Now?
Why first principles suggest that Matthew Whitaker's acting appointment is invalid, but precedent and practice might suggest the opposite.
Does Living Constitutionalism Lead to "Dying 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.
More States Pass Constitutional Amendments Protecting Crime Victims' Rights
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
Is Your Ballot Selfie Legal?
Banning ballot selfies to stop voter fraud is like "burning down the house to roast the pig" said the First Circuit Court of Appeals. But many states still do it.
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.
The DOJ Should Not Prosecute Robert Bowers
The federal case against the Pittsburgh shooter is redundant and constitutionally questionable.
Rep. Justin Amash Slams Trump's Birthright Citizenship Threat: POTUS Can't 'Amend Constitution' With Executive Order
At least one Republican congressman agrees.
Trump Plan to End Birthright Citizenship Via Executive Order Is Unconstitutional: Reason Roundup
Plus: Southern border will see more troops than Iraq, Syria.
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
Why the Executive Branch Shouldn't Legislate
Progressives appreciate the separation of powers-up to a point.
Cato Unbound Symposium on the Constitutional Scope of Federal Power Over Immigration Continues
Responses to my lead essay by legal scholars John Eastman and Gabriel Chin have now been posted, along with my rejoinders to them.
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.
Supreme Court to Consider Tree Frogs, Liquor Licensing, Criminals With Dementia, and More This Fall: Reason Roundup
Plus: The Justice Department goes after "net neutrality" in California and SNL takes on Brett Kavanaugh.
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.
