The Highly Political and Misunderstood Case of Moore v. Harper
Among the Supreme Court cases decided this year, none has been more misunderstood than Moore v. Harper (pdf). The Moore case illustrates how difficult some of the court’s work can be. It also illustrates the ignorance and partisanship of many legal commentators and...
The real Commerce Clause – as the Founders knew it
Does the Constitution’s Commerce Clause really entitle the federal government to tell us what kind of toilets we can use? Or prescribe our light bulbs? Or force us into government controlled health care? Or tell us we can’t drain a swamp on our own property? Congress...
The source of federal power to stop illegal immigration
Believe it or not, over 230 years after the Constitution was adopted, law professors and judges still argue over whether the Constitution gives Congress power to control immigration—and, if it does, the clause of the Constitution that grants that power. The dispute is...