“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
The impulse to turn everything into a federal case – even something a personal as an obscene finger gesture – flips the middle finger at the political system the founders created. Whether you agree with the behavior or not, the “right” to wave your middle...
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...
Perhaps the most significant and long-lasting legacy of Donald Trump’s presidency will be his appointments to the United States Supreme Court. Supporters of candidate Trump expressed excitement over the opportunity for a Republican President to appoint a jurist...
There was plenty of blame and finger-pointing in the aftermath of the Charlottesville protests. One woman died and at least 33 people suffered injuries when right-wing and left-wing groups clashed during the Unite the Right Rally. Two state troopers also died when...
Many Americans believe the Bill of Rights apply to state and local governments. Most who hold this position rely on the 14th Amendment and the “incorporation doctrine” to support their position. But some proponents of using federal power to restrict state...
Antonin Scalia has been given much credit as a champion of “originalism,” a school of constitutional interpretation that bases its deductions on the common understanding reached at the time of ratification. Rejecting the view that the Constitution should be settled by...