For several years, I have been thinking about the doctrine of severability -- what happens when courts conclude that a part of a law is unconstitutional? I have come to believe that this is ...
The United States Constitution remains one of the highest protections of individual freedoms; however, these rights remain frequently ignored, eroded, or denied despite protections for current and ...
Recently I posted a new paper on SSRN, "In Praise of Ignoring Facts." It's a critical review of Jack Balkin's book Memory and Authority: The Uses of History in Constitutional Interpretation, part of a ...
To that extent, reasonable constitutional interpretation is not the preserve of lawyers but can as well be appreciated by the minds of reasonable people. The most important principles of ...
During U.S. Supreme Court Justice Stephen Breyer's four-plus decades on the federal bench (1980-2022), a new method of constitutional interpretation based on purported neutral principles gained ...
Every major question in American public life ultimately returns to a single source of authority: the Constitution. Whether the issue concerns abortion, the scope of federal agencies, the death penalty ...
The following remarks, as prepared for delivery and lightly adapted, were given by the author in Newport Beach and San Jose, Calif., on April 30 and May 1, as part of National Review Institute’s ...
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