Is the Attorney General Unconstitutional?
In the New York Times, Neal Katyal and George Conway argue that the President’s appointment of Matthew Whitaker as Acting Attorney General is unconstitutional: the problem, they say, is that Whitaker, who was Attorney General Sessions’ chief of staff, was...
Birthright Citizenship and Constitutional Interpretation
Various media outlets are reporting that President Trump is considering an executive order modifying rules on birthright citizenship. They are also typically reporting or heavily implying that this order would violate the Constitution. I think the issue is more...
Originalism Myths #1: Originalists Think the Framers Agreed on Everything
With the new Supreme Court nomination, originalism is likely to be back in popular commentary as it was during Justice Gorsuch’s confirmation. I hope to use this time to highlight the arguments against originalism and separate the good ones from the bad ones. ...