The Major-questions Doctrine and the Administrative State
This essay was co-authored John Yoo and originally appeared in the Fall 2022 edition of National Affairs. John Yoo is a non-resident senior fellow at…
Rethinking Libel, Defamation, and Press Accountability
Provocations #4 Click here to view a PDF version. The Provocations series is available in hard copy and e-book formats on Amazon.
Overturn New York Times v. Sullivan
The actual malice doctrine was an unjustified innovation, a departure from an older, simpler, and more wholesome constitutional tradition. This article was originally published on September 9, 2022 at…
A Post-Originalism Common Good
The common good legal movement avoids the hard work of making constitutionalism function in the polity we actually inhabit. This essay was originally published on August 10, 2022 in…
Peaceful, Legal Ways States, Churches, And Pro-Lifers Can Stop Abortion Radicals’ Violence
This essay was originally co-authored with Teresa Collett and published by The Federalist on May 10, 2022. Teresa S. Collett is a Professor of Law…
A Common Good Requires a Common People
This essay was originally published by Law & Liberty on April 28, 2022, as part of a Law & Liberty symposium on Adrian Vermeule’s Common Good Constitutionalism. Federalism…
Why We Need A Pro-Life Constitutional Amendment Even If The Supreme Court Modifies Roe v. Wade
This essay was co-authored with Willis L. Krumholz, a writer for The Federalist who lives in Minnesota. It was originally published by The Federalist on July 29, 2021.
When “Matter” Really Matters
This essay was originally published by Anchoring Truths on January 17, 2022. As debates over originalism and legal conservatism continue to develop, and as calls for…
The Electoral Count Act Debate Understates the Vice President’s Role
Disputes over counting the electoral vote should be decided first in the states, then by the vice president, and then perhaps by the judiciary — but not Congress. On January…
Another Original Meaning of the Fourteenth Amendment
Editor’s Note: This review is part of a symposium on Randy Barnett and Evan Bernick’s The Original Meaning of the Fourteenth Amendment. It was originally published by Law…