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Law Professor Gets F In Constitutional Calculus
If you’re going to make a constitutional argument for some federal action, it will prove more compelling if you actually make a constitutional argument. That means pointing to the constitutional provision that authorizes an exercise of federal power. Not making...
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,...
Another Massive Budget Deficit to Start 2020
The Trump administration posted another massive budget deficit to start out calendar-year 2020. According to the latest data released by the U.S. Treasury Department, Uncle Sam spent $32.6 billion more than it took in last month. That compares with an $8.7 billion...
Real originalism (not the cartoon version some love to attack) explained
The New Yorker recently published an article by a law professor and CNN commentator that purported to critique originalism—the view that the Constitution means what the ratifiers understood it to mean. But like many attacks against originalism, it assailed a cartoon...