Blueprint for States to Take On Warrantless Federal Surveillance
Can states take on warrantless, mass surveillance from the NSA and other federal agencies? The first steps are already happening. A new law went into effect in Michigan in June ...
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Vetting Kavanaugh According to the Constitution
When Donald Trump nominated Brett Kavanaugh for the supreme Court, he did what is likely the most important act a president of these United States can possibly do, constitutionally speaking. ...
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Cody Wilson and Strategy for Nullification
Nullification starts with individuals figuring out ways to do what the government says they can’t. Cody Wilson did just that when he came up with an end-run around a federal ...
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Thomas Jefferson and the Louisiana Purchase
When we discuss the evolution of presidential power in early American history, it is sometimes alleged that the Louisiana Purchase was a particularly unconstitutional act and an example of presidential ...
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No! Enforcing Unconstitutional Acts Will Not “Save the System”
Apparently, a lot of people want the feds to enforce unconstitutional laws because refusing to do so will “break the system.” Recently, we released a report showing the Trump administration ...
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The Astronomical Price of America’s Undeclared Wars
According to a study by the Watson Institute of International and Public Affairs at Brown University, since 2001, America’s wars have cost $5.6 trillion. That equates to $23,000 per taxpayer. ...
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Is Early Impeachment Practice Relevant to Original Meaning?
by Michael Stokes Paulsen In my most recent several posts in this series, I set forth the nearly overwhelming case for a broad understanding of “high Crime and Misdemeanors” as ...
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It is time for a second Special Counsel
By Printus LeBlanc Something very disturbing happened on Tuesday that sent the media into a frenzy. On the same day, the Paul Manafort was found guilty on bank fraud and ...
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Originalism Encompasses Text and Structure
I had the pleasure of being on panel with Pamela Karlan of Stanford Law School at the Eighth Circuit Judicial conference. There she set forth a view of the “modalities” ...
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James Madison’s Instruction: Throw a Fit!
What should the average person do when the federal government oversteps its constitutional bounds? Throw a fit! That’s what James Madison recommended when he laid out a blueprint for dealing ...
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