Court Cases
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...
Clearing up the confusion about Marbury v. Madison
It is true that the Constitution does not expressly say that the federal courts have the power to strike down acts of Congress which are unconstitutional. What Article VI of the Constitution does say, however, is that (a) the Constitution is the supreme law of the...
Federal Appeals Court: Warrantless Data Collection Is Constitutional
The Second Circuit Court of Appeals issued an opinion that domestic data gobbled up by the National Security Agency (NSA) under Section 702 of the Foreign Intelligence Surveillance Act (FISA) and PRISM are are not covered by the Fourth Amendment and their collection...
Originalism, the Fourth Amendment, and New Technology
One of the important issues for originalism is whether it can be applied to new circumstances that were not envisioned at the time of the original Constitution. Perhaps this issue is encountered most often when considering the application of the Fourth Amendment to...