An Important Difference Between Historians and Originalist Law Professors
Recently, I was having a discussion with a law professor who looks at matters from a historical perspective. While such law professors are not professional historians, many of them have adopted the historian’s perspective. During our discussion, one aspect of...
Ratifying the Constitution and the Bill of Rights Was More Peculiar Than Most People Realize
Most people know that there were 13 original states that declared independence from Great Britain. But the Constitution changed things and that caused significant actions in our early constitutional history to occur with less than 13 states. The Constitution stated...
Reviving the Nondelegation Doctrine
The Supreme Court has accepted certiorari in a case that raises a nondelegation doctrine question (as well as several other issues). In Gundy v. United States, the nondelegation issue involves the federal Sex Offender Notification and Registration Act...