The framers deliberately designed a strong presidency with the power to wage war with energy, secrecy, and dispatch. Impeachment, in turn, was designed to be a formidable congressional check on the formidable powers of the president—power counteracting power, ambition checking ambition.
The framers deliberately gave the president independence, unity, and vast powers. This is only a problem if the office is badly filled.
The framers of the Constitution designed the elector system to balance the need for the people to have a voice and the desire to have a refined, informed body actually choose the president in order to avoid the election of a demagogue or charlatan.
For his immense contributions to constitutional discourse, his sound constitutional vision, his rigorous and vigorous opinions, his fearlessness and peerlessness, Justice Scalia is one of the greatest Supreme Court justices of all time.
A man of deep faith and scintillating reason, Justice Scalia had an extraordinary ability to notice obvious, important truths that many overlooked. His informal remarks a few months before his death give insight into his intellect and character.
228 years ago today, the Framers at the Constitutional Convention decided the power to declare war would be reserved to Congress, and the power to conduct war and make peace would be reserved to the president. Presidents and congresses have not always followed the Constitution in matters of war, but that doesn’t mean the Constitution has changed.
The Free Exercise Clause creates a unique type of constitutional liberty—a substantive freedom that limits the extent to which government can interfere with religious freedom.
“Constitutional law” is not the exclusive domain of the courts, or even of government officials. Faithful interpretation is the duty and responsibility of faithful citizens.
Reading and understanding the Constitution is not an especially complicated intellectual exercise. It takes lawyers, judges, and law professors to turn it into something difficult and convoluted.
Antonin Scalia is one of the most brilliant, principled, sound, and thoughtful jurists ever to sit on the Supreme Court. But twenty-five years ago today, his legal skills utterly failed him.
Justice Ginsburg praises the heroic women who defied Pharaoh’s authority to save the Hebrews’ baby boys from death. Apparently, she does not have an eye for contemporary parallels.
President Obama’s “authorization” request is designed to curtail existing legal authority to wage war on ISIL and to handcuff future presidents in the exercise of their constitutional authority as commander in chief.
The structure and logic of the legal arguments made for nationwide judicial imposition of same-sex marriage are remarkably similar to the arguments made by those who argued for the judicial imposition of slavery nationwide. Will the Republican Party produce another Lincoln to stand against them?
Abortion is not, in the end, about “sin” or “redemption.” It is about human life and its extermination.
For many women, the social, practical, and personal reasons for having an abortion simply trump the life of their child.
“Informed choice” legislation does not impede a woman’s ability to choose abortion. Such laws enlighten the abortion choice by making clear exactly what it is that is being chosen.
Without authorization from Congress, American presidents can only start unconstitutional wars, even if they are motivated by good intentions.
Lincoln’s Order of Retaliation—a command to kill Confederate prisoners as punishment for the South’s massacre of black Union soldiers—can help frame our view of presidential military power today.
As we recognize the fortieth anniversary of Roe v. Wade, pro-lifers should consider supporting a constitutional amendment to abolish abortion forty years from now.
Rape is tragic, awful, horrible, gut-wrenching—an unspeakable crime of great emotional harm—but rape is essentially irrelevant to the morality of abortion.
The Supreme Court’s ruling upholding the Affordable Care Act is constitutionally correct. This doesn’t prevent us from seeing the individual mandate as a tax on freedom—an exercise of Congress’s constitutional power to tax so as to destroy personal and institutional freedom with respect to health insurance.
Casey is not a sound exposition of the Constitution, and its authority should be repudiated by all other actors in our constitutional system The second in a two-part series on the deadly significance of Planned Parenthood v. Casey
In its effects, methodology, substantive doctrine, conception of the judicial role and of judicial authority, and conception of what constitutes the rule of law, Casey is terribly significant and terribly wrong. The first in a two-part series on the deadly significance of Planned Parenthood v. Casey.
President Obama’s recent quips about “judicial activism” do not amount to arguments. They are shallow sloganeering.
Vanderbilt University has decided that campus student religious groups may not require that their leaders accept the core beliefs of the religious group they would lead. Ironically, Vanderbilt’s right to do so rests on the same freedom it denies to these groups—a group’s freedom to define what it stands for and the views it expresses.
An ancient example of resistance to a tyrant’s attempt to coerce violations of religious conscience provides an interesting perspective on resistance to the Obama administration’s recent healthcare coverage mandate.
39 years ago, the Supreme Court delivered a radical, legally untenable, immoral decision. It has forfeited its entitlement to have its decisions respected, and followed, by the other branches of government, by the states, and by the people.
In a recent decision, the Supreme Court has held that the First Amendment provides additional and independent rights to religious organizations, beyond those to which non-religious groups are entitled.
Freedom of religion means the right of religious persons, groups, and ideas to participate fully and equally in the life of the community and in the marketplace of ideas.
The Supreme Court’s abortion jurisprudence appears to protect a right to abortion even for reasons of sex selection. Yet this gruesome reality might provide an opening for a frontal assault on the premises of Roe v. Wade.
Under the Constitution, the Constitution prevails over international law. The Authorization for Use of Military Force (AUMF), signed into law ten years ago this week, prescribed no time limitation or geographical limitation. It was, potentially, a world war of unlimited duration. And yet, our involvement in Libya is unconstitutional.
Misleading talk of "separation of church and state" obscures the true meaning of the First Amendment.
America’s abortion laws may inspire a dangerous provision in Kenya’s new constitution.