“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.”
Josh Blackman recently published at Volokh Conspiracy an interview with Fifth Circuit Judge James Ho. Among other topics, Judge Ho had this brief comment on birthright citizenship under the Fourteenth Amendment: [A]nyone who reads my prior writings on these topics...
There were two fundamental flaws in the Colorado Supreme Court’s 4-3 decision removing former President Donald Trump from the Colorado 2024 election ballot. The first was that the justices reversed the lower court without seriously addressing the issue the lower court...
The uniparty in Washington D.C. continues to “negotiate” over the “debt ceiling” with a potential default by the United States government taking place June 1. I don’t see it happening, but this entire topic is a beautiful example of the...
This week, the Supreme Court of the United States is confronting yet again an issue that has bedeviled it for the past 30 years: the use of racial quotas by government-owned universities and private universities that accept government funding. The last time the court...
Damon Root at Reason.com thinks the recent Dobbs decision is an “insult to the 9th Amendment.” His position is based on two faulty premises: 1. That “originalism” is based on what the opponents of the Constitution worried the document would do...
Incorporation – the legal doctrine whereby the Supreme Court applies the Bill of Rights to the states, was not part of the original, legal meaning of the Constitution. Instead, it arose out of the 14th Amendment, and the court first started applying it...