U.S. Constitution

Iif the procedure for absentee ballots described above is to be changed, only the state legislature can do it under the U.S. Constitution. That did not happen in the states named in the Texas lawsuit — Michigan, Pennsylvania, Georgia, and Wisconsin. It didn't happen in North Carolina, either.

Gov. Cooper’s stay-at-home executive order had a “spoonful of loophole” that let any businesses, nonprofit, or educational institution remain open provided it could “meet Social Distancing Requirement” between its…

After they took control of the state legislature last fall, Virginia Democrats announced a legislative agenda that was tailor-made to polarize public opinion and generate acrimony. So far, it…

Back when the impeachment inquiry was still in the hands of the House Intelligence Committee, I got an email message from an old friend asking, “What do you make of…

The title of this piece pays homage to Karl Popper’s great work of political philosophy, The Open Society and Its Enemies. Popper wrote the book during the Second World War…

In a recent Legal Update, I discussed a notorious case, Kelo v. City of New London, in which the U.S. Supreme Court upheld the use of eminent domain to…

The Castle Coalition is a national membership organization made up of homeowners and small business owners that want to protect their property from eminent domain abuse. To help its…

In a previous Update, I criticized a decision by the U.S. Court of Appeals for the Second Circuit upholding the absurd restrictions that New York City imposes on licensed…

Nothing in the U.S. Constitution implies a hierarchy among rights. Nevertheless, the federal courts have insisted on relegating economic rights to second-class status. By means of this piece of judicial…

In a Daily Caller piece last week, Philip Hamburger asked, “If Jeff Sessions steps down as attorney general, who will replace him?” With the President’s recent announcement that…