“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
One of the standard distinctions these days is between the old originalism and new originalism. While different people define the distinction a little bit differently, I define the old originalism as having two essential characteristics: using “original intent” to...
President Elect Donald Trump has announced that he will be nominating James “Mad Dog” Mattis to be Secretary of Defense. However, a statute requires “retired military officers to be out of uniform for seven years before they can become the civilian head of the armed...
This might seem like an odd question, but a journalist recently asked me my opinion about the matter. It turns out that Article II of the Constitution refers to the President as a him. For example: “He shall hold his Office during the Term of four Years.” If this...
Randy Barnett has an interesting op ed in the Wall Street Journal arguing that the NSA’s seizure of voluminous data on U.S. citizens was unconstitutional and that the approval of the seizure by the secret FISA court was also unconstitutional. Randy makes several...
