The right to be free from unreasonable search and seizure had an up-and-down sort of year at the U.S. Supreme Court. Back in May, the Court delivered a 9–0 decision that left civil libertarians cheering for its expansion of…
Among the many yellowing paperbacks on my shelves is a copy of The Anti-Federalist Papers and the Constitutional Convention Debates. It's a sort of greatest hits collection of contemporaneous arguments for and against…
Most conservatives are likely familiar with John Adams’ insightful observation, “Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.” For years, we have…
The Department of Homeland Security (DHS) says recording or following federal law enforcement "sure sounds like obstruction of justice," despite federal circuit courts repeatedly ruling that such activity is core…
The First Amendment says that "Congress shall make no law…abridging the freedom of speech." But one prominent conservative judge, whose name has been mentioned as a possible U.S. Supreme Court nominee by President…
During oral arguments in Trump v. Slaughter, Supreme Court Justice Sonia Sotomayor threatened America with a good time, warning that the administration is “asking us to destroy the structure of government.” Great. It’s about…
The recent high-profile cases of Trump v. Slaughter and Learning Resources v. Trump might not initially appear to share very much in common. Yes, they both involve President Donald Trump, but the former is about the…
From the moment President Donald Trump issued his executive order on birthright citizenship back in January, a Supreme Court showdown on the meaning of the Citizenship Clause was almost inevitable. And, indeed, the nation’s…
Today the Supreme Court heard arguments in Trump v. Slaughter, perhaps the most important case to come before the Court this term. The case tests the constitutionality of the “independent agencies” that Congress has…
Thanksgiving invites us to pause and consider the gifts we often overlook. This year, at a moment of rising political unease and ideological confusion, I am especially grateful for one extraordinary inheritance: a nation and…
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