Does the Constitution Mean What It Says?
“No person … shall be deprived of life, liberty, or property without due process of law.” — Fifth Amendment to the U.S. Constitution Abdulsalam al-Hela is a 53-year-old Yemeni cleric who has been incarcerated by the United States at the Guantanamo...
Defending the Constitution: Secrets behind those ‘obscure’ provisions
In previous essays in the Defending the Constitution series, I’ve responded to “progressive” attacks on prominent terms in the document: equal representation in the Senate, denying D.C. statehood, and the Second Amendment, among others. But “progressives” also assail...
Restoring the Fourth Amendment’s Oath or Affirmation Clause
The Fourth Amendment’s requirements for obtaining a warrant have been subverted in practice and in legal theory. That’s the argument made in “The Broken Fourth Amendment Oath” paper written by Law Professor Laurent Sacharoff. The paper focuses on the need for...