Illegal Immigration Isn't an 'Invasion'
Overheated rhetoric is a ploy to treat migrants like enemy combatants.
Constitution
Is the CDC's Eviction Moratorium a Third Amendment Violation?
The Third Amendment Lawyers Association argues in a recent amicus brief that the federal eviction ban requires landlords to quarter soldiers.
California Law Would Limit Free Speech at Vaccination Sites
Plus: Wiretapping social media, Democrats' budget proposal, cryptocurrency regulations, the infrastructure bill, and more..
Barely Legal Teens Can Legally Buy Guns, Appeals Court Says
Fourth Circuit overturns laws barring licensed gun dealers from selling handguns to 18–20-year-olds.
The Founding Fathers Thought America Was Doomed
“The fact that it hasn't ended in the past 230 years suggests that maybe [it will] last a good deal longer,” says historian Dennis C. Rasmussen, author of Fears of a Setting Sun: The Disillusionment of America's Founders
Why Didn't COVID-19 Kill the Constitution?
We can thank judges who were prepared to enforce constitutional limits on public health powers.
Thomas and Gorsuch Say Kelo Eminent Domain Ruling 'Was Wrong the Day It Was Decided' and 'Remains Wrong Today'
The controversial 2005 case "strayed from the Constitution," say Thomas and Gorsuch.
Man Arrested for Public Signs Wins Settlement From Sheriff's Office and Spurs Reform
Holding a sign in a public park should not cause an arrest.
3 Young Minnesotans Sue the State for Their Right To Bear Arms
A new lawsuit challenges Minnesota's law requiring a person be at least 21 years old to carry a handgun.
The Trouble With 'Common Good Originalism'
A new conservative faction embraces "authoritative rule for the common good."
Conservative Attacks on 'Big Tech' Are Turning the Constitution on Its Head
No, states can't use the 10th Amendment to overturn the First Amendment.
How Detectives Caught the Golden State Killer—and Unleashed a Catastrophe for Civil Liberties
Police were finally able to catch the serial killer using DNA genealogy databases—violating many innocent people's constitutional right to privacy.
If You Want To Fix the Country, Devolve Power
Revived federalism is a start, but it doesn’t go far enough.
SCOTUS Just Agreed To Hear a Major New Second Amendment Case
The Supreme Court will hear arguments next term in New York State Rifle & Pistol Association v. Corlett.
More Than A Dozen States Are Trying To Nullify Federal Gun Control
Conservative state legislators are taking a page from the playbook of pro-immigration activists and the marijuana legalization movement.
The CDC vs. the Constitution
The Founders could not have possibly imagined the Commerce Clause covering an eviction moratorium.
Arkansas Governor Hopes Abortion Ban Will Trigger Roe v. Wade Challenge
Plus: Wisconsin may approve microschools, what will Biden Title IX guidance look like, and more...
Texas Senators Want Sports Teams To Shut Up and Play the Anthem
Texas state senators introduced a bill requiring the national anthem at all pro sports events.
Attack of the Zombie ERA
Plus: A new documentary tells Reality Winner's story, occupational licensing reform is antitrust reform, and more...
These Big Tech Bills Are Unconstitutional. State Lawmakers Don't Care.
Plus: Problems with the PRO Act, what libertarian feminism isn't, and more...
Some Jobs Are More Equal Than Others
All professions deserve the same constitutional protections that speech-heavy industries get.
The Constitutionality of Trump's Impeachment Trial Is Not 'Crystal Clear'
There are plausible arguments on both sides of the debate.
Trump's Lawyers Say He Can't Be Impeached for Trying to Subvert the Election Because He Was Just Expressing an Opinion
They also argue that the Senate has no authority to try a former president.
New article - Constitutionalizing Interstate Relations: The Temptation of the Dark Side
On the inconsistency between choice of law cases and interstate sovereign immunity cases
The Constitutional Argument Against Trump's Senate Trial Is Convenient. Is It Also Wrong?
While many prominent constitutional scholars think trying a former president is perfectly legal, the dissenters make some points that are worth considering.
How the National Constitution Center "Constitution Drafting" Project Revealed Potential Areas of Consensus on Constitutional Reform
My recently published article on the NCC project outlines several important areas of agreement between conservative, libertarian, and progressive participants.
Yes, the Senate May Hold Trump's Impeachment Trial After He Leaves Office
History and precedent both support impeachment trials for former federal officials.
Trump Never Bothered To Hide His Contempt for the Constitution
Trump deserves to be remembered for what his words and actions have shown him to be.
Texas Congressman's Lawsuit Says Mike Pence Has the Unilateral Authority to Keep Trump in Office
Louis Gohmert asserts a previously overlooked power to decide which electoral votes will be counted.
Biden Acknowledges Constitutional Limits to the Power of the Presidency
That’s a rare position for modern White House residents, and not necessarily a popular one with the public.
Frederick Douglass vs. the 1619 Project
A new book explicates the escaped slave and renowned orator's argument that the Constitution is "a glorious liberty document" that justified ending slavery.
Trump Lost Because SCOTUS Answers to the Constitution, Not to Him
Trump’s judicial humiliation is now complete.
Conservative Lawmakers and Legal Scholars Denounce Texas Election Suit as 'a Mockery of Federalism and Separation of Powers'
The Constitution “plainly makes the appointment of electors a state-by-state matter.”
Thoughts on the National Constitution Center's "Constitution Drafting Project"
The NCC put together teams of conservatives, progressives, and libertarians to propose their own rewrites of the Constitution. All three teams came up with interesting ideas - and with some notable areas of agreement.
Damon Root: Why Frederick Douglass Loved the Constitution (and You Should Too)
The escaped slave called the Constitution "a glorious liberty document" that justified extending equality to blacks and women.
California Churches Stuck in Limbo After Supreme Court Decision
Plus: Congress to vote today on marijuana decriminalization, new study shows bad news for indoor diners, and more...
Review of Ilya Shapiro's "Supreme Disorder"
One Ilya reviews a book written by another. Hopefully, this won't exacerbate #IlyaConfusion!
This Woman Permanently Lost Her Second Amendment Rights Because She Lied on Her Taxes
Is this the Supreme Court’s next big gun rights case?
The Electoral College: Keep or Replace? A Soho Forum Debate
Richard Epstein vs. Lawrence Lessig
Abolish the Electoral College? A Soho Forum Debate
Law professors Richard Epstein and Lawrence Lessig go head-to-head.
Amy Coney Barrett on Lochner and the 14th Amendment
The Supreme Court nominee weighs in on a famous case.
This Judge Is Wrong About Economic Liberty and the Constitution
Perhaps Pennsylvania Supreme Court Justice David Wecht ought to read more history, starting with the speeches of the late Rep. John Bingham.
Amy Coney Barrett and the Problem of Conservative Judicial Deference
Reviewing the record of the SCOTUS shortlister.
Partisan Poppycock Does Not Trump the Constitution on SCOTUS Picks
The restrictions imagined by Republicans in 2016 or by Democrats now are nothing but self-serving nonsense.
Landlords Sue Trump Administration and CDC Over Executive Order Banning Evictions
The National Apartment Association has joined a lawsuit brought by four individual landlords arguing the CDC's nationwide eviction moratorium is both illegal and unconstitutional.
Pennsylvania Lockdown Lawsuit Victory May Cure a Plague of Pandemic Restrictions
“The Constitution sets certain lines that may not be crossed, even in an emergency.”
USA Today Op ed Making the Case for Abolishing the Constitutional Requirement that the President Must be a "Natural Born" Citizen
I coauthored it with Harvard Law School Professor Randall Kennedy.
The Cato Institute's 19th Annual Constitution Day Conference
This year's annual confab is remote, but will still feature the annual B. Kenneth Simon Lecture and release of the Cato Supreme Court Review.
