Originalism: A Logical Necessity
If we don’t stick to the Constitution’s meaning as written, we have no Constitution.
The Plenary Pardon Power (and the Powerful Check of Impeachment)
Just posted on the National Review home page is a short article of mine under the title The Pardon Power is Absolute (with the subheading “But so is Congress’ impeachment ...
The President’s Pardon Power Is Absolute
The president’s constitutional pardon powers are absolute. But so are Congress’s constitutional impeachment powers.
This Week in Judicial Supremacist Arrogance (Continued): Planned Parenthood v. Casey
This Thursday marks the twenty-fifth anniversary of the worst Supreme Court decision of all time. Planned Parenthood v. Casey is worse than Roe, which itself ranks among the worst decisions ...
This Week in Judicial Supremacist Arrogance: City of Boerne v. Flores at Twenty
I’m stealing a page from Ed Whelan’s playbook and launching a series of (occasional) commemorations of acts of unbridled judicial chutzpah. Ed’s series focuses on judicial activism – judicial interpretations ...
Kevin Newsom’s Insightful Take on The Slaughter-House Cases
The Supreme Court’s decision in The Slaughter-House Cases (1873) remains, at least in academic circles, a hotly contested battleground of competing legal theories concerning the meaning of the Fourteenth Amendment’s ...
William Watkins Jr.’s Response to my Post on Trinity Lutheran
Last week, I posted a highly critical response to William Watkins Jr.’s Wall Street Journal op-ed on the Trinity Lutheran Church case. Mr. Watkins has posted a reply to my ...
“A Big Fix: Should We Amend Our Constitution?”
I have the pleasure of participating today (in just a few hours) in a conference at Stanford Law School, sponsored by the Stanford Constitutional Law Center – headed by my ...
Wrong on Every Count: William Watkins, Jr. on the Trinity Lutheran Case
Last week, the Wall Street Journal published a bizarre op-ed by William Watkins Jr. on the Trinity Lutheran Church v. Comer case, entitled “A Case the Justices Shouldn’t Have Heard.” ...
John Yoo, Alexander Hamilton, and War Powers — The Evidence of History
This is the last in a series of three posts engaging my friend John Yoo’s argument that Trump’s Syria Strike Was Constitutional. John was responding in part to my National ...