Constitution
The Founders warned us about abuses like H.R. 1
H.R. 1, the bill that would seize control of federal elections from the states, comes with an unusual twist. It supposedly promotes “access.” But it says anyone challenging its constitutionality is barred from every court in the nation but a single federal trial court...
The Coming War on Privacy
When Attorney General Merrick Garland was asked at his confirmation hearings earlier this month what his priorities would be if confirmed, he responded immediately that it would be a vigorous pursuit of domestic terrorism. He did not say he would lead vigorous...
When Can an Originalist Scholar Begin with the Constitution’s Text?
This article first appeared in The Originalism Blog on March 1, 2021. It is somewhat technical, and I recommend it only for constitutional wonks. I. The question I recently wrote a post for the Federalist Society Blog, in which I examined the Constitution’s...
The Power to Make War
Two weeks ago, while the House of Representatives was finalizing its 700-page legislation authorizing the Treasury to borrow and spend $1.9 trillion in the next six months, and the Senate was attempting to confirm more of President Joseph R. Biden’s cabinet...