On Originalism and Textualism
By: Michael D. Ramsey Three conservative Supreme Court justices declared this month that the Constitution should be read to give state legislatures unlimited control of electoral procedures, and a fourth said ...
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The Original Meaning of “High Crimes and Misdemeanors,” Part I
by Michael Stokes Paulsen I am in the midst of a series on the constitutional power of impeachment. A quick review: My first post set forth my core thesis – ...
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End the unconstitutional vaccination mandate!
President Biden, the Constitution you swore on the Bible to “preserve, protect, and defend” gives you very limited authority. You are not a dictator. That Constitution was ratified only because ...
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The Relationship Between the Declaration of Independence and the Constitution
Rob Natelson This article originally appeared on the Independence Institute website. I’m sometimes asked about the relationship between the Declaration of Independence and the Constitution. Their connection is not difficult ...
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Originalism Protects the Timelessness of the Constitution
by John O. McGinnis I was grateful to appear with Michael Greve on the panel in which he delivered remarks on originalism that were posted in this space earlier this week. ...
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Still Searching for the Judicial “Holy Grail”
by Mark Pulliam When I studied Constitutional Law some 40 years ago, the Slaughter-House Cases (1873) warranted scarcely a footnote. The scholarly consensus—including Raoul Berger’s Government by Judiciary (1977)—was ...
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The meaning of “militia” in the Second Amendment
By: Rob Natelson This is the second article examining contributions to our understanding of the Constitution from the three brand new volumes of the Documentary History of the Ratification of the ...
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Testimony on the Tenth and Nullification Before the Ohio House Committee on Federalism
By: Mike Maharrey On March 6, I testified before the Ohio House Committee on Federalism on the Tenth Amendment and how states can push back against overreaching federal authority. During ...
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Donald Trump signs executive order promoting free speech on college campus
Here are the Constitutional uses of Executive Orders: To enforce Constitutional laws passed by congressTo NOT enforce unconstitutional laws passed by congressGeneral Housekeeping in the Executive BranchExecutive orders are to ...
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Giving Federalism the Middle Finger
By: Suzanne Sherman The impulse to turn everything into a federal case – even something a personal as an obscene finger gesture – flips the middle finger at the political ...
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