Idiocracy

Bastille Day is Bunk

Bastille Day is Bunk

Jul 14 2010

The American civil calendar is not alone in being festooned with holidays celebrating political factions and the central state. Most famously, perhaps, the chief French

Law

They Really Meant It

They Really Meant It

Sep 21 2009

[Editor’s note: see also rounds 1-3 of our debate on originalism, interpretation, and whether the Constitution actually means anything. Austin Bramwell, “Original Sins”; Kevin R.

Law

The Genuine Article

The Genuine Article

Sep 08 2009

Austin Bramwell says that I argue, "€œthe Constitution grants the Federal government [sic] a handful of limited powers, but leaves the states free to govern

Law

Phony Originalism

Phony Originalism

Aug 03 2009

Since the days of Ronald Reagan and Edmund Meese, the Republican Party's position has been that judges should be bound by the people's understanding of

Law

The Frank Ricci Indecision

The Frank Ricci Indecision

Jul 07 2009

On Monday, June 29, 2009 the U.S. Supreme Court ruled for the plaintiffs, a group of white firefighters, in the case of Ricci v. DeStefano.

Love

When Tom Met Sally

When Tom Met Sally

Jun 29 2009

People often ask me how I can write about Thomas Jefferson or James Madison, Abraham Lincoln or the American Revolution, the U.S. Constitution or the

Guns

A Dubious Victory

A Dubious Victory

Apr 29 2009

With its decision in Nordyke v. King last week, in which the recent Supreme Court Heller decision was applied to state law, the Ninth U.S.

Law

The Book of Ruth

The Book of Ruth

Apr 17 2009

Ohio State University's law school recently held a symposium marking Ruth Bader Ginsburg's fifteen years on the United States Supreme Court. Precisely why this milestone

Uncategorized

Faith of Our Fathers

Faith of Our Fathers

Apr 13 2009

Were the Founders “Post-Christian”? Two years ago, Newsweek editor Jon Meacham published American Gospel: God, the Founding Fathers, and the Making of a Nation. There,

Uncategorized

The Obamanoid Constitution

The Obamanoid Constitution

Mar 05 2009

The late, unlamented George W. Bush administration was a disaster for American constitutionalists. The second Bush insisted that he as president possessed inherent power to

Uncategorized

The Birth of a Notion”€”National “€œPurpose”€

The Birth of a Notion”€”National “€œPurpose”€

Jan 12 2009

Under discussion: Vindicating Lincoln: Defending the Politics of Our Greatest President, Thomas L. Krannawitter, Roman & Littlefield (2008), 376 pages Hamilton's Curse: How Jefferson’s Arch

History

Too Early To Tell

Too Early To Tell

Dec 17 2008

In the latest issue of National Review, one finds a laudatory review of a new doorstop biography of Franklin Roosevelt. Among other things, the author

Uncategorized

Bad Paper”€”How the Fed Bailed on the Constitution

Bad Paper”€”How the Fed Bailed on the Constitution

Sep 29 2008

Since the Truman administration, Democrats have called for the nationalization of the health-care industry. The Democratic Party's position, stressed more strongly at some times than

Conservatism

Farewell to the Gipper

Farewell to the Gipper

Sep 11 2008

Today's Republican Party is no longer the conservative party of Barry Goldwater and Ronald Reagan. It has morphed significantly in regard to the two main

Law

Joe Biden’s Constitution

Joe Biden’s Constitution

Aug 27 2008

As Tom Woods and I demonstrate in our new book, Who Killed the Constitution?  The Fate of American Liberty from World War I to George

Uncategorized

The Myth of the Conservative Legal Movement

The Myth of the Conservative Legal Movement

Jul 14 2008

Under Consideration: Steven M. Teles, The Rise of the Conservative Legal Movement: The Battle for Control of the Law, Princeton University Press (2008), 358 pages. 

Uncategorized

Taking Back the Constitution”€”A Case for Impeaching George W. Bush

Taking Back the Constitution”€”A Case for Impeaching George W. Bush

Mar 21 2008

On Saturday, March 8, 2008, President George W. Bush vetoed a congressional bill that would have explicitly banned interrogation techniques like waterboarding. In doing so,

Uncategorized

The U.S. Constitution is Not Democratic”€”and Why That’s a Good Thing

The U.S. Constitution is Not Democratic”€”and Why That’s a Good Thing

Feb 21 2008

Sanford Levinson, Our Undemocratic Constitution: Where the Constitution Goes Wrong (And How We the People Can Correct It). Oxford University Press, 2006.   Sanford Levinson