Judicial Supremacy vs Popular Constitutionalism

Who should have the final say on the law of the land?

Originalism and the Declaration of Independence

The implications of modes of interpretation.

Minority Rule in a Winner-Take-All System

How long can the unsustainable be sustained?

Two More Dershowitz Gems

More nonsense.

Legal Experts Weigh In On Trump’s Silly Birthright Citizenship Ideas

Overwhelmingly, legal experts agree that President Trump is wrong about birthright citizenship and the Fourteenth Amendment.

Trump Says He Will End Birthright Citizenship Via Executive Order, But He Can’t

President Trump is now claiming he will end birthright citizenship for the children of undocumented immigrants via Executive Order. He clearly lacks the authority to do this.

Cold Civil War or Civil Cold War?

The Kavanaugh fight is just another indicator of our national divide.

Did The Supreme Court ‘Overrule’ Korematsu? Not Really

Contrary to what many people have claimed, the Supreme Court’s decision in Trump v. Hawaii did not overturn one of the most controversial decisions in its history.

Linda Brown, Plaintiff In Brown v. Board of Education, Dies At 75

A woman who was at the center of one of the most important Supreme Court cases in American history has died at the age of 75.

Donald Trump Shrugging Donald Trump Shrugging

American Ideals?

Some thoughts about why the president’s remarks on immigration are so problematic.

Charlottesville Reopens The Debate Over Confederate Symbols

It’s time to stop honoring the symbols of a nation of racist traitors.

Marco Rubio Panders To The ‘Religious Right’ On Same-Sex Marriage, Obergefell

Marco Rubio is telling conservative Christians in Iowa and elsewhere what they want to hear on same-sex marriage. It just happens to be complete and utter nonsense.

Driven Largely By Republicans, Public Opinion On The Supreme Court Hits A Low

Public opinion on the Supreme Court has declined significantly, largely because Republicans don’t like the Supreme Court very much right now.

On Constitutional Language

Wherein I take the view that as our understanding of language changes, so too does our application of the Constiution.

Republican Candidates Respond To Obergefell About As Expected

The reaction of many of the GOP candidates to the decision in Obergefell v. Hodges is about what you’d expect, but there are a few interesting surprises.

Time To Get Rid Of The Star Spangled Banner?

After 200 years, Francis Scott Key’s most famous work may have outlived its usefulness..

Supreme Court Quietly Revises Opinions With Little Notice To The Public

The Supreme Court, subject to revision.

Supreme Court Strikes Down Section 4 Of Voting Rights Act

A major Constitutional ruling from the Supreme Court.

DOJ Responds To Fifth Circuit On Judicial Review

Unsurprisingly, the Department of Justice confirms that it supports Marbury v. Madison

ObamaCare And The Supreme Court’s Legitimacy

Is the Supreme Court risking it’s legitimacy if it strikes down the individual mandate?

Newt Gingrich Flunks History

Newt Gingrich gets his Civil War history very wrong.

Newt Gingrich’s Assault On The Judiciary

Newt Gingirch ups the ante in his rhetorical assault on judicial independence.

Newt Gingrich’s Radical, Irresponsible Attack On The Judiciary

Newt Gingrich’s ideas about the role of the judiciary are very dangerous.

The GOP’s Bizarre Iowa Debate/Forum/Church Revival Meeting

Did you know there was another GOP debate last night? Well, you didn’t miss much.

History 101: Tariffs, Secession and the General Politico-Economics of Slavery

Those who argue that tariff increases, and not slavery, were the key reason for secession have some basic problems with the historical sequence.

Who is Publius? or, Who’s Afraid of Anonymous Political Speech?

Reason’s Meredith Bragg and Nick Gillespie have a pretty amusing rejoinder to the Obama administration’s attempts to smear the anonymous funding of television ads opposed to their agenda in a video titled “Who is Publius? or, Who’s Afraid of Anonymous Political Speech?”

Republicans Splitting On 14th Amendment “Reform”

There isn’t as much GOP unity over the idea of changing America’s citizenship rules as you might think.

Birthright Citizenship Review

Senate Republicans want to rethink the 14th Amendment’s automatic citizenship for people born in the U.S.

3/5 Compromise

LE DRED SCOTT?