Common-Law Limits on Firearms Purchases by Minors: The Original Understanding
Prohibitions on the purchase and use of firearms by individuals between the ages of eighteen and twenty-one have emerged as… Continue reading →
Constitutional Law
-
-
Ordinary Public Meaning & Habeas Power to Review State Convictions
Introduction Brown v. Allen affirmed habeas power to review constitutional errors tainting state criminal convictions, and it is the most… Continue reading →
-
Memory, Invisibility, & Power
Introduction “The ultimate mark of power may be its invisibility; the ultimate challenge, the exposition of its roots.” When I… Continue reading →
-
Kavanaugh, Rahimi, and the Effort to Legitimate Originalism
Introduction United States v. Rahimi provides a new sign of whether the current Supreme Court’s conservative majority can be persuaded… Continue reading →
-
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 →
-
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 →
-
Ancillary Rights
Many constitutional rights would be useless if certain conduct ancillary to those rights was not also protected. The Second Amendment… Continue reading →
-
Spirit
The Founders were not textualists. The letter of the law mattered quite a bit. But, as William Blackstone noted, interpretation… Continue reading →
-
You Should See “The Other Person”: Redacted Codefendant Confessions in Light of Samia v. United States
Introduction The Confrontation Clause of the Sixth Amendment guarantees that “[i]n all criminal prosecutions, the accused shall enjoy the right… Continue reading →
-
Student Reputational Injury and the Speech First Cases
Is “fear to speak” a cognizable injury in fact under Article III of the U.S. Constitution? Modern standing doctrine provides… Continue reading →