What Libertarians Get Wrong About American History
American history is not an essentially libertarian story.
Constitution
Indiana's RFRA: Religious Freedom or Freedom to Discriminate?
Indiana was effectively making discrimination based on sexual orientation lawful.
Here's the Lamest Liberal Attack on Rand Paul You'll Read Today
The 2016 presidential campaign is going to be a long haul. Let's try to stick to the facts as it gets rolling.
Can Rand Paul's Positions on Abortion and Gay Marriage Be Defended on Libertarian Grounds?
Yes, but you have to try pretty hard.
How Rand Paul's Defense of Privacy Rights Challenges Conservative Orthodoxy
The libertarian-leaning GOP candidate champions an unenumerated constitutional right to privacy.
Rand Paul, a 'Judicial Activist' in January, Is Now a Populist Judge Basher
The Kentucky senator faults courts for failing to reflect the majority's will.
Even if God Didn't Give Us the Constitution, We Should Act Like He Did
If politicians treated the Constitution as if it were handed down from heaven rather than a pliable set of guidelines, the U.S. would be a better place.
National Review Launches Another Attack on 'Libertarian Constitutionalism'
The conservative magazine doubles down on its defense of judicial deference.
The State Is Spying on You Right Now. Where's the Outrage?
Government spying is so common today that it is almost the new normal. Yet government spying is not normal to the Constitution.
Is Sheldon Adelson's Online Gambling Ban Unconstitutional, or Is It Constitutionally Required?
An anti-gambling activist testifies that a protectionist bill is needed to guarantee equal protection.
Obama's 'Signature Achievement' Will Be Bypassing the Constitution
Obama is on his way to circumventing checks and balances with more regularity than any president in history.
Conservatives, Progressives, and Judicial Deference
A reply to National Review's Ramesh Ponnuru.
National Review Urges Conservatives to Reject 'Libertarian Constitutionalism'
The fight over judicial deference divides libertarians and conservatives.
The Lame Liberal Attack on the 'Secretive' Federalist Society
There's nothing secretive about this well-known conservative legal organization.
Philly Aims to Disabuse Young Photographer of 'High-Minded Ideas' About Having Constitutional Rights
ACLU says Philadelphia police routinely harass and arrest people like Coulter Loeb for photographing them.
Obama's Lone Wolf Presidency
When the president effectively writes the laws, Congress is effectively neutered.
Rand Paul and the Libertarian Case Against Judicial Restraint
Sen. Paul takes sides in a libertarian-conservative battle over SCOTUS and the Constitution.
Sen. Ted Cruz Embarks on Doomed Legislative Campaign Against Federal Gay Marriage Recognition
He can't win this fight, but he could win primary votes.
A Worthless Piece of Paper
If our rights come from the government, not within, then they are not rights, but permission slips.
Federal Judge Strikes Down Federal Interstate Handgun Transfer Ban
Major victory for Second Amendment proponents.
Begging to Die
The curiously circumscribed nature of the suicide right recognized by Canada's Supreme Court
Do We Really Want A Passive Judiciary? No.
The Constitution promises uncompromising protection of liberty.
The Case Against Convening a New Constitutional Convention
The U.S. Constitution may not be perfect, but a new constitutional convention will probably make it worse.
Warrants for Emails and Cell Phone Locations: Online Communications and Geolocation Protection Act
Bill protects privacy from unconstitutional search and seizure.
Obama's War on Coal Is Unconstitutional, Says Harvard Law Professor Laurence Tribe
Maybe Congress can't "turn back the clock" on the EPA's lawless Clean Power Plan, but the courts may well do so.
Marijuana Legalization in Colorado: Can Oklahoma and Nebraska Get It Reversed?
The collapse of pot prohibition divides Republicans and exposes fair-weather federalists.
How a Bipartisan Majority in Congress Shredded the Constitution, Again.
Hidden in the Cromnibus was a clause allowing the NSA to gather your private data and share it with law enforcement and foreign governments.
Why Obama's Immigration Policy Is Constitutional
Obama's immigration order does not undermine the rule of law-but the expansion of federal criminal law does.
When Judicial Activists Switched Sides
Deference to elected majorities was a Progressive ideal long before modern conservatives picked up the baton.
Obama Playing With Constitutional Fire on Amnesty
A presidential action may be lawful at the same time that it is unconstitutional.
How Modern Government Is Destroying the Presumption of Liberty Our Founders Cherished
Much of the political class of the founding generation, unlike our own, viewed the Constitution as restraining, not unleashing, the government.
How Federal Agents Illegally Force Twitter, Google, and Banks to Turn Over Private Customer Data Without a Proper Warrant
Private companies are fighting the federal government in court over the Patriot Act's "National Security Letters," which violate the Fourth Amendment to the Constitution.
