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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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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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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All Guns Should Be “Undetectable” to the Government
The Second Amendment’s text isn’t hard to read, and it takes all sorts of legal somersaults to get around the “shall not be infringed” part. So, it is confusing and ...
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The Limited Scope of the Full Faith and Credit Clause
Article IV, Section 1 of the Constitution requires every state to give “full faith and credit” to public acts, records and judicial proceedings of every other state. This rather obscure ...
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What Brett Kavanaugh’s Previous Hearings Tell Us About His Judicial Philosophy
Hours after President Donald Trump announced his nomination of Judge Brett Kavanaugh to the Supreme Court, Senate Minority Leader Charles Schumer, D-N.Y., said: “The American people deserve to know what ...
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