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.
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.
UCLA Law Professor Adam Winkler on his new book We the Corporations
You don't have to be an originalist to conclude that the Constitution requires congressional authorization for war.
The Illinois Supreme Court unanimously upholds a law banning sex offenders from public parks.
SCOTUS encourages excessive force by shielding police from liability.
This is one of the questions that may well arise in Jeff Sessions' new lawsuit against California's sanctuary laws.
Indefinite detention carried the day in Jennings v. Rodriguez, but the ruling affirms an important principle that may eventually kill the practice.
20 states are right to claim that the mandate is now unconstitutional, but wrong to argue that this requires invalidating the entire Affordable Care Act.
The justices have passed up one opportunity after another to clarify the boundaries of the constitutional right to arms.
Libertarians should listen to the second season of NPR's legal podcast. But maybe get a pillow to scream into first.
The state's 1,000-foot rule made accidental felons out of people carrying firearms for self-defense.
The state uses a panel of partisan officials with absolute discretion to determine who gets to vote again
A new appreciation of the great abolitionist on the 200th anniversary of his birth.
Consumer Financial Protection Bureau
The D.C. Circuit says the structure of the Consumer Financial Protection Bureau is OK.
Florida voters are set to consider deleting a provision in the Florida Constitution depriving convicted felons of the right to vote. It's about time.
Orin asked me to correct the record; I'm correcting it.
Featuring the Solicitor General of the United States, Judge Amy Barrett, many others, and ... me.
Time travel and originalism (not in the same book!)
Why the Trump administration lost in federal court.
"Bikinis can convey the very type of political speech that lies at the core of the First Amendment," writes federal judge.
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