The Supreme Court Should Make Politics Local Again
Conservatives have an opening to restore federalism.
‘Free Speech’ Means Just That
A too-broad interpretation of the Constitution’s free-speech clause protects things that have nothing to do with speech and makes other clauses superfluous.
More on the Free-Exercise Clause and Religious Exemptions
The Founders saw free exercise of religion as a natural right, so the breadth and limits of natural rights must be read into the free-exercise clause.
An End to Racial Preferences at Last?
As with its passages on religion, the Second Amendment, or the role of the courts, the Constitution’s command on racial discrimination is relatively clear.
On Religious Freedom, Madison Was Right
The original understanding of the Free Exercise Clause often required religious accommodations.
Religion and the New Supreme Court
John Roberts and company can restore the original meaning of the First Amendment.
The Second(-Class) Amendment
Unless the right to bear arms is put on a par with the rest of the Bill of Rights, the coming wave of gun-control laws may swamp a core constitutional ...
The New Supreme Court and Privacy Jurisprudence
Kennedy’s strained efforts to conjure forth a right to abortion from a spare constitutional text resulted in confused, even mystical definitions of privacy.
With Kavanaugh, the Court Should Tame the Administrative State
This is an area he specializes in, and an issue whose time has come.
A Clash of Judicial Visions
Defining the proper role of the Supreme Court in our constitutional system