A Defense of the Electoral College
My career shows an interesting pattern: Although law journals at “prestige” law schools—which are overwhelmingly liberal and anti-originalist—usually refuse to publish my scholarship, they frequently publish articles attempting to rebut it. I accept this is an...
How state lockdowns are destroying lives, creating national conflict
The following story is true. The names have been changed to protect the innocent. Jack and Jill are immigrants from different Asian countries. They are married to each other, and have three small children. They support their family by working 11 hours a day in their...
Did the Founders expect the Courts to Declare Laws Unconstitutional?
Every so often I’m asked whether the Founders anticipated judicial review. In other words, whether the Founders expected the courts to void laws they found unconstitutional. The clear answer is “yes.” During the colonial era, each colony was governed by its charter,...