Supreme Court
Passive Resistance
Excluding inactivity from the Commerce Clause still leaves Congress with far too much power.
A Conservative Defense of ObamaCare
Reagan's former solicitor general says the individual mandate passes constitutional muster
The Business of the Court
Liberals say the Supreme Court has a pro-corporate bias. Are they right?
Leviathan's Lawyers
Obama's stand against DOMA raises the question: Why don't presidents stick up for the Constitution more often?
Does Federal Law Trump an Oath to the Constitution?
Obama's decision to stop defending the Defense of Marriage Act follows conservative precedent.
Are We All Originalists Now?
The debate over ObamaCare highlights a growing division on the legal left
The Constitutional Liberty We Lost
Legal scholar David Mayer explains why liberty of contract is about more than economics