Reclaiming the Rule of Law after Obergefell
Obergefell is the Dred Scott of our time, and just as Lincoln did, Americans should work to oppose it.
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Republics of Conscience
In an appearance on Egyptian television in early 2012, Supreme Court justice Ruth Bader Ginsburg lamented the fact that she operated “under a rather old constitution.” She told Egyptians that ...
Confirmation Hearings as Teachable Moments
Confirmation hearings today bear little resemblance to those that antedate the 1980s. Today’s circus of search teams, handlers, and bleating factions is the product of the tectonic shifts in constitutional law ...
Borking Elena Kagan
A long time ago (the mid 1990s), in a land far, far away, Elena Kagan was a mere assistant professor. Writing in The University of Chicago Law Review, she penned ...
Elena Kagan: Old School Progressive?
Elena Kagan’s nomination to the Supreme Court should give Americans reason to reflect on the progressive assault on the Constitution that has been ongoing for a century or more. Progressives ...
Darwin’s Constitution
In 1863, Abraham Lincoln told his listeners at Gettysburg that America was “conceived in liberty, and dedicated to the proposition that all men are created equal.” Decades earlier, he had ...
The Curious Constitution of Oliver Wendell Holmes Jr.
Oliver Wendell Holmes Jr. was appointed to the U.S. Supreme Court by Theodore Roosevelt, America’s first progressive president. He served from 1902 to 1932, and his name remains familiar to ...
Madison and Public Reason
Many myths surround and obfuscate the American Founding. One is that the Founders and the Constitution they created had a peculiarly modern and atomistic view of society. According to this ...