Constitution
Solicitor General Says SCOTUS Shouldn't Hear Challenge to Marijuana Legalization
The Obama administration says Nebraska and Oklahoma have not described a genuine controversy with Colorado.
Yale Students Totally Cool With Repealing the First Amendment
Watch students at Yale University sign a petition to repeal the First Amendment.
Wisconsin Law Requiring Hospital Privileges for Abortion Doctors Ruled Unconstitutional
Admitting privileges rule can't "be taken seriously as a measure to improve women's health," says federal appeals court.
Belief in a Sky God Does Not Qualify Ted Cruz to Hold the Office of President
Constitution: No religious test shall ever be required as a qualification to any office or public trust under the United States
Today at SCOTUS: The Sixth Amendment, Asset Forfeiture, and the Right to Counsel
The Supreme Court hears oral arguments in Luis v. United States.
Las Vegas Cops Pay Out After Unconstitutional Prostitution Stop
City pays more than $80,000 to woman detained and searched in The Cosmopolitan casino.
At SCOTUS, Today's Dissent Can Become Tomorrow's Majority Opinion
Examining the role of dissenting opinions in U.S. legal history.
How Should Libertarians Think About Intellectual Property?
Brink Lindsey, Sasha Moss, Wayne Brough, Eli Dourado, and Nick Gillespie talk patents and copyrights in the digital age.
Post-Newtown "Assault Weapon" Laws in Connecticut, New York Upheld
Second Circuit finds "intermediate scrutiny" of laws impacting Second Amendment allows full ban of certain weapons to pass constitutional muster.
Huckabee: Refusing Gay Marriage Licenses Is Like Allowing Pot Sales
Why legalized marijuana is not "the same as Kim Davis"
Yes, the Second Amendment Protects Individual Rights
What The New Yorker gets wrong about guns and the Constitution.
New York Times Prefers John Roberts Over His Libertarian Critics
Liberal pundit alarmed by competing versions of legal conservatism.
Driver Arrested for Profanely Protesting Speeding Ticket Can Sue Prosecutor
A federal judge says ADA Robert Zangala should have known "fuck your shitty town bitches" was protected speech.
A Guide to Supreme Court Vacancies for GOP Candidates
"Reject clichéd calls for 'judicial restraint'"
Rand Paul Is Wrong About Kim Davis
By refusing to issue marriage licenses to gay couples, the Kentucky county clerk is not "exercising [her] religious liberty."
Immigration and the Constitution
The Constitution does not delegate to the federal government power over immigration, only over naturalization.
County Clerk Still Refusing to Issue Gay Marriage Licenses—But This Isn't About Religious Liberty
There is no right to draw a paycheck for a job you refuse to do.
Another Day, Another Bogus New York Times Attack on Clarence Thomas
The Gray Lady misleads its readers about the conservative Supreme Court justice.
The New Republic Discovers the Libertarian Legal Movement
Libertarians are changing the face of legal conservatism.
Illegal Aliens Have Second Amendment Rights, Says 7th Circuit Court of Appeals
But people with an "interest in eluding law enforcement" might not.
Chris Christie Versus Rand Paul
Among the current presidential candidates, only Paul has advocated for fidelity to the Constitution.
DOJ Investigation Finds Due-Process Violations, Discrimination in St. Louis County Juvenile Courts
A new report finds systematic failures to protect the rights of juveniles, as well as harsher treatment of black youths.
Libertarians, Conservatives, and 'Useful Idiots for Progressive Statists'
A reply to National Review's Ed Whelan.
Candidate Calls for Constitutional Amendments Are Phony
Don't treat demands for revisions seriously.
Ted Cruz, Judicial Activism, and 'Useful Idiots for Progressive Statists'
The fight over SCOTUS heats up.
Ted Cruz Attacks SCOTUS for 'Judicial Activism,' Gets the Facts Wrong About Major SCOTUS Case
Was Lochner v. New York a "lawless" decision?
Libertarians, Conservatives, and 'Mischaracterizing' the 14th Amendment
Does the Privileges or Immunities Clause protect unenumerated rights?
Why the 14th Amendment Protects Economic Liberty
A further reply to conservative law professor Kurt Lash
Yes, the 14th Amendment Protects Economic Liberty
A reply to conservative law professor Kurt Lash.
Clarence Thomas' Confused Notion of Freedom
Like Scalia, Thomas sides with the ersatz "liberty" of the People (a collectivist notion) against the real liberty of the several persons.
Frederick Douglass on Liberty, Slavery, and the Fourth of July
"Interpreted as it ought to be interpreted, the Constitution is a glorious liberty document."
Ted Cruz's Really Dumb Plan to Politicize the Supreme Court
This would turn the court into a third political branch, notes George Will.
Scalia's Anti-Enlightenment Anti-Individualism
If you think self government means each person is free to govern himself or herself and that the protection of rights and equality under the law serve that end-Scalia says you're wrong.
"Glenn Reynolds: U.S. attorney chills Reason-able speech": The Instapundit Weighs in On Our Gag Order
"Feds menace free speech as Reason magazine ordered to identify commenters and remain mum."
The U.S. Patent System is Broken: Derek Khanna on Trolling and Low-Quality Patents
Our current patent policy hurts our economy and hampers innovation.
"Electing Good People Isn't Enough"
Talking with Mark Meckler about using an Article V "Convention of States" to amend the Constitution to limit government size and growth
Edward Snowden's 2nd Anniversary: Shutting Down Domestic Surveillance
Plenty more work to do toward reclaiming our lost liberties and protecting our privacy
Can the President Lawfully Ignore a Supreme Court Decision?
Conservative legal pundits take aim at "judicial supremacy."
Apple CEO Tim Cook Pushes Back on Government Efforts to Stymie Private Encryption
Weakening encryption "has a chilling effect on our First Amendment rights and undermines our country's founding principles."
Make the Feds Get a Warrant to Listen to Our Phone Calls
If section 215 of the Patriot Act expires next week, the feds will need individualized search warrants to spy on us.
Rand Paul Filibuster: 'Your Rights Are Many and Infinite… You Do Have a Right to Privacy'
The Kentucky senator tells conservatives to respect the Ninth Amendment.
Why Do America's Leaders Act Like We Don't Have a Constitution?
Is there no one left to enforce the Constitution against those in power?
Parts of D.C.'s Concealed Carry Gun Permit Process Stopped by Federal Judge
Preliminary Injunction Gained by Second Amendment Foundation Against D.C. Requirement to Have "Good Reason" To Exercise Second Amendment Right.
Alito Clashes With Scalia and Thomas Over Constitutionality of Maryland Double-Taxation Scheme
The conservative justices divide in Comptroller of the Treasury of Maryland v. Wynne