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.
Constitution
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.
Cato Unbound Symposium on Federal Power Over Immigration
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.
Democrats Created a Birth-Control Banning Bogeyman Out of Brett Kavanaugh. Called Out, Kamala Harris Doubled Down
Harris and other Democrats distorted Kavanaugh's comments on birth control to portray him as a religious extremist.
Why "Settled Law" Isn't Really Settled -- and Why That's Often a Good Thing
The Supreme Court needs to have the power to overturn "settled" constitutional decisions in order to prevent the permanent entrenchment of terrible precedents.
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.
'Judge Kavanaugh Was Not Responsible for the Parkland School Shooting'
Parents of school shooting victims lash out over Supreme Court nominee Brett Kavanaugh, but the more troubling responses are from U.S. senators.
Things I Hate About the Constitution
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.
Democracy Is Not the Central Value of the Constitution
Efforts on both right and left to make the democracy-promotion the key focus of constitutional law should be rejected.
More on the Debate over the Space Force and the Constitution
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.
Hundreds of Floridians Ordered to Surrender Guns Thanks to 'Red Flag' Law, Report Says
Critics say the "red flag" law is violating Floridians' constitutional rights.
Randy Barnett on the Secret History of SCOTUS Confirmation Hearings: Podcast
The libertarian legal scholar explains the post-Bork landscape and what might derail Trump's high-court pick.
Understanding Constitutional "Liquidation"
A new paper on an old way of resolving constitutional indeterminacies
Another Surprisingly Subversive Justice
Unlike the man who nominated him, Brett Kavanaugh understands the importance of an independent judiciary.
SCOTUS Nominee Brett Kavanaugh Sees Perils of Aggressive Administrative State
Like Neil Gorsuch, the D.C. Circuit judge has criticized Chevron deference for encouraging executive arrogance.
SCOTUS Contender Brett Kavanaugh on Gun Rights, Search and Seizure, and Mens Rea
The D.C. Circuit judge is a strong defender of the Second Amendment but seems less inclined to accept Fourth Amendment claims.
Another Justice Like Gorsuch, Please
Contrary to what his critics say, this "narrow-minded elitist" stands up for the little guy.
A Reason to Celebrate This Fourth of July
The Constitution and the Declaration of Independence have helped keep us mostly free.
Federal Judge Rules Against Suspending Poor People's Driver's Licenses for Unpaid Court Fines
"[A]s applied to indigent drivers, the law is not merely ineffective; it is powerfully counterproductive."
Stossel: Life, Liberty, and the Pursuit of Happiness
What we should celebrate on Independence Day.
Kennedy's Departure Probably Will Give Us a Court More Inclined to Defend Gun Rights
The retiring justice seems to have been a crucial obstacle to hearing Second Amendment cases.
Has the U.S. Constitution Lost Its Meaning? A Debate
Law professors Randy Barnett and Michael Dorf argued over "originalism" at an event hosted by the Soho Forum.
Telling Trump to Stop Blocking Critics on Twitter Doesn't Affect the Platform's Rules
The First Amendment constrains speech regulation by the government, not by private parties.
New York's Solicitor General Wants to Close the 'Double Jeopardy Loophole' So She Can Punish Pardoned Trump Cronies
Barbara Underwood is outraged by the president's use of his clemency power, and she wants state legislators to do something about it.
10 Years After Heller, Does 'Normalizing' the Second Amendment Mean Ignoring It?
The Supreme Court has been almost completely silent on the subject of gun rights, leaving important issues unresolved.
Lifetime GPS Tracking Is Not Punishment, Says Wisconsin Supreme Court
The court relies on a debunked recidivism estimate to justify tagging and surveillance of sex offenders.
Intrinsic vs. Instrumental Justifications for Originalism
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.
Congress Stands With the Blue, Against the Constitution
The lopsided House vote for treating assaults on cops as federal crimes is a bipartisan portrait in cowardice.
Interview with Judge Jeffrey Sutton About his New Book "51 Imperfect Solutions: States and the Making of American Constitutional Law" - Part II
Part II of my interview with Judge Jeffrey Sutton about his new book state constitutional law.
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."
Interview with Judge Jeffrey Sutton About his New Book "51 Imperfect Solutions: States and the Making of American Constitutional Law" - Part I
The first part of my interview with Judge Sutton about his important new book on state constitutions.
