Energy Emergencies and Energy Federalism
Immediately following his inauguration, President Trump declared a national energy emergency in the United States. While the contours and implications… Continue reading →
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Loper Bright’s Disingenuity
Loper Bright prompted a tidal wave of reaction throughout the legal community when the Supreme Court announced it was overruling… Continue reading →
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Bruen Was Right
New York State Rifle & Pistol Association v. Bruen is one of the most methodologically significant—and widely maligned—constitutional law decisions… Continue reading →
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Policing as General Warrants
The drafters of the Bill of Rights and its proponents envisioned a document constitutionalizing protections against some of the worst… Continue reading →
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Unwritten Administrative Law and the Regulatory Last Mile
Programs like the Clean Water Act, Clean Air Act, and Resource Conservation and Recovery Act are ostensibly federal. But once… Continue reading →
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Super-Dicta
A weird thing happens when a conscientious, rational judge lacks certainty and has the humility to know it: she will… Continue reading →
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Projecting the Past Into the Future of Constitutionalism: History, Atemporality, and American Society
The U.S. Supreme Court is increasingly asserting “history and tradition” as the standard to settle divisive constitutional debates on abortion,… Continue reading →
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Default Procedures
In vast numbers of debt-collection cases, defendants never appear. Courts then routinely issue default judgments, often rubber stamping complaints with… Continue reading →
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The Original Meaning of Treaties
For nearly two centuries, all three branches of the federal government have thought that the original meaning of the Constitution’s… Continue reading →
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Ancillary Rights
Many constitutional rights would be useless if certain conduct ancillary to those rights was not also protected. The Second Amendment… Continue reading →