The Anti-Slavery Constitution
Tim Sandefur's excellent NRO column
Constitution
There's Only 1 Democrat Talking About the Constitution, and It's (Shudder) Joe Biden
The Democratic presidential field is not interested in your puny restraints on the executive branch.
Teaching Trump
Hopefully the White House can refrain from creating any new constitutional conundrums for a semester.
Lawsuit Argues That San Francisco's Anti-NRA Resolution Violates the First Amendment
Going beyond criticism, the resolution would punish the NRA and its supporters by cutting off contractors with ties to the group.
The FBI's Infamous List of 'Known Terrorists' Is Ruled Unconstitutional
Plus: millennials are buying homes after all, protecting Pinterest from anti-vaxxers, and more...
YouTube Is Not the Government
Conservatives who argue that the video platform is constrained by the First Amendment are forsaking their constitutional principles.
The Libertarian Case for Term Limits
Nick Tomboulides of U.S. Term Limits says the best way to shrink government is to limit how long legislators can serve.
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.
Conservative Justices Are Political Hacks, Five Senators Argue While Urging SCOTUS to Drop a Second Amendment Case
The five Democrats warn that the Court may have to be "restructured" if it keeps making decisions they don't like.
SCOTUS Should Drop This Second Amendment Case, a New York Times Columnist Argues, Because Mass Shootings
The justices would be abdicating their duty to uphold the Constitution if they let such political considerations decide legal issues.
Every Democrat in the Senate Supports a Constitutional Amendment That Would Radically Curtail Freedom of Speech
The Democracy for All Amendment aims to mute some voices so that others can be heard.
Senate Democrats Back Constitutional Amendment to Undo Citizens United
Plus: Marijuana banking, suing Facebook, and more...
Cops Can't Take a Joke? The First Amendment Doesn't Care
Plus: Behind the bipartisan war on internet speech, New York "decriminalizes" pot (but you'll still get fined), and more...
A Federal Judge Has Put Trump's Anti-Asylum Rule on Ice
His border lawlessness keeps growing
John Paul Stevens Was a 'Liberal Champion,' Except When He Wasn't
The late Supreme Court justice was an inconsistent defender of civil liberties.
Justice John Paul Stevens, RIP
An admirable man with a distinguished career as a Supreme Court justice. But also the author of some of the more problematic opinions of his era.
House Votes To Stop Trump From Attacking Iran Without Congressional Authorization
An amendment to this year's military spending bill says the president must go to Congress before launching another war.
Backpage Prosecutors Want to Seize Assets First, Answer Questions Later
Aggressive asset forfeiture collides with First Amendment rights.
Mike Gravel and His Online Teens Want Weed in the Constitution
It's an unconventional approach befitting of an unconventional presidential candidate.
My Concluding Thoughts on Severability in Texas v. U.S.
Severability doctrine & the ACA findings seem to support Judge O'Connor's ruling
NFIB v. Sebelius Already Addressed the "Injury in Fact" Question in Texas v. U.S.
An important element of standing has already been decided by the Court
Texas v. U.S.: Why the Individual Mandate is Still Unconstitutional
Understanding NFIB v. Sebelius
Questioning the Political Question Doctrine
The Supreme Court has used this doctrine for many years, including in the recent gerrymandering decision. But it still doesn't actually make any sense.
The Rights and Wrongs of Overruling Precedent
Despite occasional rhetoric to the contrary, neither conservative nor liberal justices are shy about overruling constitutional precedent they believe to be badly misguided. And that's a good thing.
Clarence Thomas Benchslaps the Federal Government in a Property Rights Case
“Our role is to enforce the Takings Clause as written.”
Gorsuch Joins Ginsburg in Decrying a 'Colossal Exception' to the Ban on Double Jeopardy
The Trump appointee is not impressed by the logic of the "dual sovereignty" doctrine: "Really?"
The Court Swims in Political Seas
Constitutional law is made by a politically constructed institution
To Defeat Trump, New York Times Columnist Argues, We Must Abolish Judicial Review
Jamelle Bouie's counterintuitive recommendation would effectively eliminate constitutional limits on elected officials, including Trump and every demagogue who follows him.
How Often Has the U.S. Supreme Court Upheld a Federal Law?
An awful lot, but who's counting?
How Often Has the U.S. Supreme Court Struck Down a Federal Law? Part II
More often than you might think
How Often Has the U.S. Supreme Court Struck Down a Federal Law?
Depends on who you ask.
A New History of Judicial Review
A new history of how the U,.S. Supreme Court has defined and enforced the limits of congressional power
Supreme Court Majority Speaks Against "Ahistorical Literalism"
From today's opinion by Justice Thomas, for the five more conservative members of the Court, in Franchise Tax Board v. Hyatt.
Let Midwives and Nurse Practitioners Provide First-Trimester Abortions, Says Federal Court
"First trimester abortions, which typically require only medication, do not require the onsite presence of a licensed physician."
Chicago Impounds Innocent People's Cars and Soaks Them in Fines. Now It's Getting Sued
Following a Reason investigation into Chicago's punitive vehicle impound program, a new lawsuit alleges the practice violates Chicagoans constitutional rights.
The Jurisdictional Nexus Act
Congress should fix its FGM statute—and all the other ones too.
Beto O'Rourke: U.S. 'Has Completely Forgotten Its Constitutional Responsibility to Lawfully Declare and End These Wars'
O'Rourke has long been a critic of U.S. intervention abroad.
Police Sicced a Dog on a Surrendering Man. Will the Supreme Court Review the Doctrine That Gave Them Immunity?
The ACLU wants the Supreme Court to revisit the notorious qualified immunity doctrine.
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.
Border Agents Detained a 9-Year-Old U.S. Citizen for 30+ Hours
It's wrong any way you slice it.
Scalia v. Epstein - 35 Years Later
Revisiting their debate on judicial protection of economic liberty.
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.
