Part II of The Collective-Action Constitution develops a collective-action theory of the Constitution's federal structure and identifies limits of this theory. Chapter Three examines the states' ...

The US Supreme Court is on a tear remaking the way Americans live. It cut back states’ abilities to regulate the carrying of guns. It gave states the power to outlaw abortion. It undercut the power of ...

Originalism teaches only that the Constitution’s original meaning is fixed; meanwhile, of course, new applications of that meaning will arise with new developments and new technologies. Consider a few ...

As the Supreme Court starts hearing oral arguments for their fall term, legal experts have been sounding the alarm about Moore v. Harper, the redistricting case out of North Carolina that, depending ...

In the coming weeks, the Supreme Court is likely to release decisions in a number of cases that will fundamentally impact the lives of millions. But we don’t need to wait until nine elite lawyers in ...

The "three buckets" picture of the federal government, in combination with the unitary executive thesis, gives extravagant power to the President. [The second of four blog posts drawing on yesterday's ...

It’s vital that justices of the U.S. Supreme Court act to preserve the original intent of the Constitution of the United States and not legislate from the bench, said former state Rep. Kevin Calvey, a ...