Congress Tortures the Constitution To Obtain Permission for a Federal Animal Cruelty Law
Where does Congress get the authority to redundantly criminalize abuse of mammals, birds, amphibians, and reptiles?
Constitution
Will Joe Biden Challenge Elizabeth Warren's Constitution-Shredding Proposals?
Unfortunately, rather than challenging Warren on the constitutionality of her plans, Biden is imitating them, at least when it comes to the assault on the First Amendment.
SCOTUS Debates Whether the Right to Trial by Jury Should Mean the Same Thing in State and Federal Court
Understanding what’s at stake in Ramos v. Louisiana.
Trump's Tantrum Over Impeachment Just Got Official
Plus: FBI rebuked by FISA court, how Harris could come back, and more…
My New "Atlantic" Article Making the Case for Abolishing Constitutional Double Standards in Immigration Law
The article explains why we should do away with legal doctrines that largely exempt immigration restrictions from constitutional constraints that apply to virtually every other exercise of government power.
7 Cases Everyone Should Know from the Roberts Court
Heller, Citizens United, Stevens, McDonald, Snyder, Brown, and NFIB
8 More Cases Everyone Should Know from the Rehnquist Court
Gratz, Grutter, Lawrence, McConnell, Raich, Kelo, McCreary County, and Van Orden
7 More Cases Everyone Should Know from the Rehnquist Court
Lopez, Seminole Tribe, Romer, Virginia, City of Boerne, Printz, Morrison
8 Cases Everyone Should Know from the Rehnquist Court
Dole, Morrison, Johnson, Smith, New York, R.A.V., Casey, Church of the Lukumi
Can a Federal Judge Sentence You for a Crime Your Jury Says You Didn't Commit? The Answer May Terrify You
Congress takes up the issue of "acquitted conduct."
7 Cases Everyone Should Know from the Burger Court
Roe, Frontiero, Buckley, Craig, Bakke, Penn Central, and Cleburne
11 Cases Everyone Should Know from the Warren Court
Brown, Bolling, Lee Optical, Cooper, Sherbert, Sullivan, Heart of Atlanta, McClung, Griswold, Loving, and O'Brien
Three Cases Everyone Should Know from the Stone and Vinson Courts
Wickard, Korematsu, and Youngstown
A License for Outrageous Police Conduct
Qualified immunity protects cops from liability for actions that would land ordinary people in jail.
8 Cases Everyone Should Know from the Hughes Court
O'Gorman, Stromberg., Nebbia, Schechter Poultry, West Coast Hotel, Jones & Laughlin Steel, Carolene Products, Darby
11 Cases Everyone Should Know from the White and Taft Courts
Buchanan, Hammer, Schenck, Debs, Abrams, Penn. Coal, Adkins, Meyer, Pierce, Gitlow, and Buck
10 Cases Everyone Should Know from the Waite and Fuller Courts
Cruikshank, Strauder, Civil Rights Cases, Yick Wo, Hans, E.C. Knight, Plessy, Champion, Lochner, and Muller
Don't Destroy the Constitution To Fight Drag Queen Reading Hour
Putting up with some drag-queen storytelling seems like a small price to pay to live in a relatively free society.
8 Cases Everyone Should Know from the Taney and Chase Courts
Prigg, Dred Scott, Merryman, Dewitt, Hepburn, Knox, Slaughter-House, and Bradwell
5 Cases Everyone Should Know from the Jay and Marshall Courts
Chisholm, Marbury, McCulloch, Gibbons, and Barron
Introducing ConLaw.us
An Interactive Web Site To Explore the 100 Supreme Court Cases Everyone Should Know
An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Know
This book and video series teaches the narrative of constitutional law as it has developed over the past two centuries.
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?"
