Charlottesville: Blame the Incorporation Doctrine
Centralization of power seldom ends well, as Charlottesville vividly illustrates in retrospect.
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The Supremacy Clause and the Bill of Rights
Claiming the Supremacy Clause applies the Bill of Rights to the states is tortured legal reasoning, at best.
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Antonin Scalia and the Incorporation Doctrine
While admitting that the words and ratified intent of the 14th Amendment had no such purpose, he scolded the mere suggestion that incorporation could be reassessed or overturned
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The Right to Keep and Bear Arms is a Natural Right, not a “Constitutional Right”
A strong movement to end state conceal carry permit requirements has blossomed in the U.S. over the last couple of years. Supporters dub the idea “constitutional carry,” and often argue, “The Constitution is my gun permit,” or a variation on the theme, “The Second Amendment is my gun permit.”
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The Supreme Court Has Been Part of the Problem for a Long Time
I do not believe Scalia’s death will change much. The courts have been part of the problem we face for a long time.
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Why the “Original Intention?”
A judicial power to revise the Constitution transforms the bulwark of our liberties into a parchment barrier.
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What Did The Founders Mean by “Due Process of Law?”
There is not a shred of evidence that the Founders considered rights such as freedom of speech, legal counsel, etc. to be covered by the term “due process.”
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Birthright Citizenship Opponents Should Not Rely on 14th Amendment Congressional Debates
Many quotes being used have been taken out of context.
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An Objective Guide to Birthright Citizenship
Anyone who tells you this is an easy question is not telling you the truth. It is an extraordinarily difficult question.
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Korematsu, National Power, and Individual Rights
One of the key cases in modern Constitutional Law is Korematsu v. United States, where the Supreme Court held that the exclusion of Japanese citizens from large parts of the West Coast was constitutional.
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Is The Fourteenth Amendment Good?
Few issues divide libertarians the way the Fourteenth Amendment to the United States Constitution does. Gene Healy has observed that “[c]lassical liberals of good faith have found themselves on either side of the issue.”
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The Debt Ceiling and Presidential Power
In the debate about The Debt Ceiling and Presidential Power, the Constitution lands on the side of a limitation on executive power, not an expansive one.
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