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
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.
President Trump's hardline immigration stances have made for some polarizing debates.
The federal case against the Pittsburgh shooter is redundant and constitutionally questionable.
At least one Republican congressman agrees.
Plus: Southern border will see more troops than Iraq, Syria.
First thoughts on Jonathan Gienapp's The Second Creation: Fixing the American Constitution in the Founding Era
Progressives appreciate the separation of powers-up to a point.
Responses to my lead essay by legal scholars John Eastman and Gabriel Chin have now been posted, along with my rejoinders to them.
The 13th Amendment outlaws slavery, but not for prison inmates.
Plus: The Justice Department goes after "net neutrality" in California and SNL takes on Brett Kavanaugh.
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 lead essay on this month's Cato Unbound is my article outlining why the text and original meaning of the Constitution do not give the the federal government any general power to restrict immigration. There will be responses by critics, and ongoing discussion until October.
Harris and other Democrats distorted Kavanaugh's comments on birth control to portray him as a religious extremist.
The Supreme Court needs to have the power to overturn "settled" constitutional decisions in order to prevent the permanent entrenchment of terrible precedents.
The Massachusetts Democrat is grandstanding, but that doesn't mean she's wrong.
Parents of school shooting victims lash out over Supreme Court nominee Brett Kavanaugh, but the more troubling responses are from U.S. senators.
Legal scholars are often accused of claiming that the Constitution fits their political views. Here are several important issues where it doesn't fit mine.
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.
The libertarian legal scholar explains the post-Bork landscape and what might derail Trump's high-court pick.
A new paper on an old way of resolving constitutional indeterminacies
Unlike the man who nominated him, Brett Kavanaugh understands the importance of an independent judiciary.
Like Neil Gorsuch, the D.C. Circuit judge has criticized Chevron deference for encouraging executive arrogance.
The D.C. Circuit judge is a strong defender of the Second Amendment but seems less inclined to accept Fourth Amendment claims.
Contrary to what his critics say, this "narrow-minded elitist" stands up for the little guy.
The Constitution and the Declaration of Independence have helped keep us mostly free.
"[A]s applied to indigent drivers, the law is not merely ineffective; it is powerfully counterproductive."
What we should celebrate on Independence Day.
The retiring justice seems to have been a crucial obstacle to hearing Second Amendment cases.
Law professors Randy Barnett and Michael Dorf argued over "originalism" at an event hosted by the Soho Forum.
The First Amendment constrains speech regulation by the government, not by private parties.
Barbara Underwood is outraged by the president's use of his clemency power, and she wants state legislators to do something about it.
The Supreme Court has been almost completely silent on the subject of gun rights, leaving important issues unresolved.
The court relies on a debunked recidivism estimate to justify tagging and surveillance of sex offenders.
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.
The lopsided House vote for treating assaults on cops as federal crimes is a bipartisan portrait in cowardice.
Part II of my interview with Judge Jeffrey Sutton about his new book state constitutional law.
"It was insensitive and irresponsible not to appreciate that not all communities can celebrate what life was like in 1776."
The first part of my interview with Judge Sutton about his important new book on state constitutions.
Congress can't "commandeer" state legislators, but it can achieve the same result with "preemption."
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.
The state law targeted people who share erotic photographs of others without their consent.
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