Denver’s COVID-19 house arrest order is probably unconstitutional
On March 23, the City of Denver issued a “shelter in place” order designed to check the spread of COVID-19. The order prohibits travel and most business and recreational activities, subject to a long list of exceptions. It suffers from serious constitutional defects...
Two new briefs in the Supreme Court’s Electoral College case
The Supreme Court is hearing an important case on the Electoral College, and Independence Institute scholars have been involved in filing two “friend of the court” briefs. The case addresses whether state legislatures may direct how presidential electors vote. This...
The Judiciary Committee’s ex post facto approach to impeachment violates the Constitution
The House Judiciary Committee has issued a report claiming, essentially, that Congress is not bound by any standards of what is impeachable. Citing Justice Joseph Story, who wrote a 19th century commentary on the Constitution, the report claims that it is impossible...