President Trump plays extreme hardball by American standards, some of it blatantly authoritarian. Conservatives lose credibility when they deny this. But Trump’s election and reelection were, in part, a reaction to decades of undemocratic progressive change in the courts, bureaucracy, and public education—itself a kind of hardball. Liberals who deny or downplay these phenomena only feed populist anger.| Public Discourse
Support Notes on the Crises! Hello readers; I’m long overdue for major updates across a whole range of issues. I have continued to work full time on Notes on the Crises but the work of setting up a physical office takes significant time and energy. Among other things, I| Notes on the Crises
INTERVIEW ON THE PRICE OF BUSINESS SHOW, MEDIA PARTNER OF THIS SITE. Recently Kevin Price, Host...| The Daily Blaze
The Court of Appeal for Ontario upholds the constitutionality of Canada’s election system| Double Aspect
Shortly after the ruling, I wrote that Obergefell might be the Supreme Court’s “most radical decision ever.” A decade later, that assessment seems correct. The post Why the Supreme Court Should Overrule the Same-Sex Marriage Decision first appeared on Independence Institute. The post Why the Supreme Court Should Overrule the Same-Sex Marriage Decision appeared first on Independence Institute.| Independence Institute
By Ava Chen — In 2023, the large language model GPT-4 passed the Uniform Bar Examination, scoring in the 90th percentile of real-life test takers. From demonstrating legal expertise to crafting convincing deep-fakes, the capabilities of artificial intelligence are exponentially skyrocketing beyond human intelligence. Artificial intelligence is advancing at a pace that not only challenges traditional legal frameworks but also risks entrenching existing societal inequities and reinforcing mon...| Princeton Legal Journal
Democratic members are again claiming that they can demand access to any federal facilities without approval or even notice to a given agency. We saw previously how Rep. LaMonica McIver stormed an…| JONATHAN TURLEY
Justice Sotomayor’s analysis depends on many assumptions that she does not articulate or defend. This lack of clarity leads to unnecessary confusion and inconsistency. In more ways than one, Justice Sotomayor is changing the subject.| Public Discourse
The Supreme Court’s shadow docket has become Trump’s secret weapon, delivering swift anonymous rulings to hand him wins.| Washington Monthly
A response to critics of alleged judicial overreach in the face of legislative and governmental arbitrariness| Double Aspect
In defence of the controversial decision holding that demolishing bike lanes in Toronto is unconstitutional| Double Aspect
Participants in the debates over the ratification of the Constitution freely quoted Virgil to drive home their arguments.| Independence Institute - Think Freedom
Following a catastrophic administrative error placing the lives of thousands of Afghans at risk, the UK government obtained a super-injunction, enabling it to attempt to clear up the mess it had cr…| Public Law for Everyone
Introduction On Tuesday last week it emerged that a mind-boggling data breach by the UK government – and […]| UK Constitutional Law Association
Responding to periodic exigencies confronting the nation defies reduction to a unitary “jurisprudential framework,” but good faith and common sense usually suffice.| Misrule of Law
Early last week I started working on a piece on why the Federal Reserve didn’t step in during the Trump Tariff Financial Panic. The basic idea of that piece is simply that “repo rates”- the interest rate at which you can, in essence, borrow funds| Notes on the Crises
INTERVIEW ON THE PRICE OF BUSINESS SHOW, MEDIA PARTNER OF THIS SITE. Recently Kevin Price, Host of...| The Daily Blaze
The segment will air again on August 14, and after that on the second Tuesday of each month. The post “Ask Rob Natelson” to Air Monthly on KLZ-560 Denver Radio first appeared on Independence Institute. The post “Ask Rob Natelson” to Air Monthly on KLZ-560 Denver Radio appeared first on Independence Institute.| Independence Institute
The court found that the statute granting courts power to grant injunctions did not include universal injunctions. The post Unpacking the Supreme Court’s ‘Universal Injunction’ Decision first appeared on Independence Institute. The post Unpacking the Supreme Court’s ‘Universal Injunction’ Decision appeared first on Independence Institute.| Independence Institute
Skrmetti was one of several cases this year in which the court’s decision protected children. The post Understanding the Supreme Court’s Case on Transgender Treatment for Children first appeared on Independence Institute. The post Understanding the Supreme Court’s Case on Transgender Treatment for Children appeared first on Independence Institute.| Independence Institute
The Founding-era doctrine of implied powers has been misunderstood during the modern era. Result have been an over-estimate of congressional power and confusion about the President’s authority. The post Implied Powers in the Constitution first appeared on Independence Institute. The post Implied Powers in the Constitution appeared first on Independence Institute.| Independence Institute
This week’s blog entry come to me courtesy of Clinical Law Prof. Emeritus Leonard Sandler of the University of Iowa Law School. It asks the question of whether a landlord can charge a pet deposit for an ESA (emotional support animal). Loper Bright also comes up as well. The case of the day is Henderson... Continue Reading| Understanding the ADA
The following, which is republished here with permission, is the foreword to the July 2025 issue of the Solicitors Journal, in which I note that the rule of law today finds itself under challenge i…| Public Law for Everyone
Below is my column in the New York Post on the controversial dissenting opinion of Justice Ketanji Brown Jackson in the injunction ruling in Trump v. CASA on Friday. The opinion seemed to fan the f…| JONATHAN TURLEY
ChatGPT Rendering of AI via Wikimedia Commons (PD). In the spring of 2024, the state of Louisiana faced a critical legal juncture. The newly elected Governor Jeff Landry had begun to speak of the need for a new Louisiana Constitution and to gesture toward the new constitution being drafted by the end of the regular…Read More| Canopy Forum
Experts and professional associations always have been influenced by economic considerations. Today, few are immune from political pressure as well. The post Justice Clarence Thomas’s Wise Words About ‘Experts’ first appeared on Independence Institute. The post Justice Clarence Thomas’s Wise Words About ‘Experts’ appeared first on Independence Institute.| Independence Institute
The latest edition responds to new controversies surrounding an old document. The post “The Original Constitution”—Long-Awaited 4th Edition Arrives! first appeared on Independence Institute. The post “The Original Constitution”—Long-Awaited 4th Edition Arrives! appeared first on Independence Institute.| Independence Institute
The media claim that there is a firm 6-3 Supreme Court is untrue, as demonstrated by this freedom of religion case. The post The Supreme Court’s Unanimous Religious Freedom Ruling Explained first appeared on Independence Institute. The post The Supreme Court’s Unanimous Religious Freedom Ruling Explained appeared first on Independence Institute.| Independence Institute
On June 20, 2025, the Supreme Court decided Stanley, which we discussed here. There is no need to go into the facts as we have already covered that previously. Accordingly, the blog entry is divided into the categories of: Justice Gorsuch’s majority opinion; Justice Gorsuch’s plurality opinion discussing how Title I might apply; Justice Thomas... Continue Reading| Understanding the ADA
As everyone knows, I normally don’t blog more than once a week but there are exceptions. I had a bit of time this morning and this is a very short blog| Understanding the ADA
If you’re longing for constructive conversation about contemporary issues, take a look at our newest releases! Eerdmans authors are leading the way with thoughtful discussions of immigration, religious freedom, evangelicalism, ecumenism, inclusivity, and more.| EerdWord
As digital technologies continue to permeate every facet of modern life, cybersecurity and data privacy have emerged as defining legal challenges of the 21st century. From state-sponsored cyberattacks to private-sector data breaches and government surveillance, these issues demand a coherent and constitutionally grounded response. In the United States, however, the legal architecture addressing cybersecurity and […]| Internet Lawyer Blog
The Assisted Dying Bill has been approved by the House of Commons. But to become law, it also needs the approval of the House of Lords. What constitutional role will the Lords play in this process — and would it be undemocratic for the unelected upper chamber to block the Bill? The Terminally Ill Adults […]| Public Law for Everyone
Lord Reed is right to argue that the role of the judiciary needs to be explained and defended more carefully than ever thanks to the challenges wrought by the rise of populism. And if experience el…| Public Law for Everyone
Solomon Park, MJLST Staffer I. Tomorrow’s Originalism: After Original Public Meaning Originalism & the Implementation Problem When interpreting the Constitution, the threshold question is what...| LawSci Forum
Evan Bracewell, MJLST Staffer In 2024, the Supreme Court released two major opinions related to gun safety laws, United States v. Rahimi and Garland v....| LawSci Forum
Noah Miller, MJLST Staffer The concept of widespread surveillance of public areas monitored by artificial intelligence (“AI”) may sound like it comes right out of...| LawSci Forum
In addition to complying with the Constitution, color-blindness—equality before the law–is a more effective policy for promoting black advancement than the grievance culture of racial preferences. Meritocracy is the crucible for self-improvement.| Misrule of Law
The Supreme Court ruled against requiring members of "majority groups" to bear a higher burden to prove illegal discrimination. The post SCOTUS Nixes Discrimination Against Heterosexuals and White Males first appeared on Independence Institute. The post SCOTUS Nixes Discrimination Against Heterosexuals and White Males appeared first on Independence Institute.| Independence Institute
The fundamental problem with the President’s tariff orders is not that he interpreted the law too expansively. It is that the law may be unconstitutional. The post Are President Trump’s Tariff Orders Constitutional? first appeared on Independence Institute. The post Are President Trump’s Tariff Orders Constitutional? appeared first on Independence Institute.| Independence Institute
Courts and commentators sometimes try to change a law by adopting unusual methods of intepretation The post The Supreme Court’s ‘Ghost Gun’ Case: Judicial Amendment by ‘Interpretation’ first appeared on Independence Institute. The post The Supreme Court’s ‘Ghost Gun’ Case: Judicial Amendment by ‘Interpretation’ appeared first on Independence Institute.| Independence Institute
The case of Trump v. Wilcox may be the next step in restoring democratic control over the federal bureaucracy. The post Will the Supreme Court Restore Popular Control Over the ‘Deep State?’ first appeared on Independence Institute. The post Will the Supreme Court Restore Popular Control Over the ‘Deep State?’ appeared first on Independence Institute.| Independence Institute
Identify a prominent piece of constitutional nonsense invented to promote unlimited federal power, and you can usually find Harvard people behind it. The post Harvard Had It Coming first appeared on Independence Institute. The post Harvard Had It Coming appeared first on Independence Institute.| Independence Institute
Every year, police perform searches governed by the Fourth Amendment on hundreds of thousands of individuals and their property throughout the United States. Many of the academy’s most decorated scholars have focused on the genesis and jurisprudential nature of the Fourth Amendment’s warrant requirement. Surprisingly, we know almost nothing about how the Fourth Amendment regulates searches and how searches actually work in practice.In this Article, we pull back the curtain on the search a...| Harvard Law Review
“God hates you wicked baby killing whores,” “cocksucker,” “fucking cunt,” and “shut your fucking mouth, you bitch” are statements that start fights. In 1791,... The post Fighting Words at the Founding appeared first on Harvard Law Review.| Harvard Law Review
The Takings Clause of the Fifth Amendment provides that when the government takes private property for a public purpose, it must compensate the property... The post “Background Principles” and the General Law of Property appeared first on Harvard Law Review.| Harvard Law Review
Tripura Sundari Hindu Temple via WikiMedia Commons (CC0 1.0) In Dobbs v. Jackson Women’s Health Organization, the United States Supreme Court held that the Constitution does not confer a right to abortion and overruled both Roe v. Wade and Planned Parenthood v. Casey. In doing so, the Court puts state governments in charge of regulating…Read More| Canopy Forum
Biden’s profanity was both gratuitous and continual . . . But the worst part was how he moved in and out of la-la land. The post If You Want to See Something Horrible, Read Biden’s Special Counsel Testimony first appeared on Independence Institute. The post If You Want to See Something Horrible, Read Biden’s Special Counsel Testimony appeared first on Independence Institute.| Independence Institute
Kamala Harris and every member of Biden's cabinet need to be asked why they did not invoke the 25th amendment.| Independence Institute - Think Freedom
North Kuwait City by Francisco Anzolaivi (CC BY-SA 2.0) Kuwait, prior to May 2024, presented political scientists with a valuable case study of a hybrid regime within the Middle East: a monarchy under the al-Sabah ruling family held strong and indeed ultimate authority, yet an elected parliament also held significant power to effect policy changes.…Read More| Canopy Forum
Below is my column in The Hill on the controversy this month over extrajudicial comments made by Justices Sonia Sotomayor and Elena Kagan. These are only the latest such comments by justices that b…| JONATHAN TURLEY
It's time for Colorado Public Radio to pull its snout from the federal trough. The post End Federal Funding for Public Broadcasting. first appeared on Independence Institute. The post End Federal Funding for Public Broadcasting. appeared first on Independence Institute.| Independence Institute
Vergil's poetry was an inspiration for the Founders and is the basis for all three mottos on the Great Seal of the United States. The post Vergil: Poet Laureate of the American Founding first appeared on Independence Institute. The post Vergil: Poet Laureate of the American Founding appeared first on Independence Institute.| Independence Institute
I have a lot of writing to get out over the next couple of weeks, especially following up on the Trump Tariff Crisis and the Future of the Dollar. I also need to dig back into the state of play at the Bureau of Fiscal Service. Today however, it's important| Notes on the Crises
15 Wake Forest L. Rev. Online 25 Trinity J. Chapman “The family, that dear octopus from whose tentacles we never quite escape, nor in our innermost hearts never quite wish to.” – Dodie Smith, Dear Octopus. Introduction “The first bond of society is marriage; next, children; and then the family.”[1] There is no doubt that […]| Wake Forest Law Review
Oliver Ellsworth, who played a critical role in drafting both the U.S. Constitution and designing the federal court system and U.S. Supreme Court, was born today in 1745 in Windsor. A gradua…| Today in Connecticut History
Is the constitution the explanation for the differences between the ways obnoxious leaders are dealt with in the US and the UK?| Double Aspect
This article outlines constitutional parental rights and why forcing transgender ideology on parents violates those rights. The post Explaining Constitutional Parental Rights vs. Colorado’s Transgender Naming Bill first appeared on Independence Institute. The post Explaining Constitutional Parental Rights vs. Colorado’s Transgender Naming Bill appeared first on Independence Institute.| Independence Institute
Colorado's legislative Bozos have decided to get clever---or what in Clownland passes for clever. The post Colorado’s “Progressive” Clowns Trample on U.S. Constitution first appeared on Independence Institute. The post Colorado’s “Progressive” Clowns Trample on U.S. Constitution appeared first on Independence Institute.| Independence Institute
A constitutional lawsuit against TABOR would have no objective merit, but the Colorado Supreme Court's persistent hostility to TABOR might induce it to rule for the plaintiffs anyway.| Independence Institute - Think Freedom
Given recent events, I felt it was finally time to come back and publish this piece. Most of my writing was going to be devoted to piercing the ideology of central bank independence so that the Federal Reserve would be treated like an independent administrative agency like any other.| Notes on the Crises
Understanding what’s going on during the Trump Tariff stock market panic each day is extremely difficult. All of the most intricate and obscure questions about the Financial System’s “plumbing” become relevant all at once.| Notes on the Crises
I have a confession to make. Two months ago I tried to crash the stock market. Let me explain.| Notes on the Crises
The Supreme Court’s judgment in R (The Spitalfields Historic Building Trust) v London Borough of Tower Hamlets [2025] UKSC 11 traverses some important ground concerning the principle of legality and heightened-scrutiny rationality review — and serves as a reminder that a good deal of work remains to be done if doctrine and principle are to […]| Public Law for Everyone
By: Jack Liechty Context 73% of teenagers aged thirteen to seventeen have watched pornography online.[1] 53% have seen it before the age of thirteen.[2] 15% before the age of 10.[3] Some argue that this early exposure to pornography is a net positive for society because it leads to a displacement of sexual aggression and empowers women “by loosening […] The post Art or Addiction: The Consequences and Constitutionality of Age Verification Laws appeared first on Wake Forest Law Review.| Wake Forest Law Review
Yaoyu Tang, MJLST Staffer| LawSci Forum
The Founders' law books make it very clear what the Constitution means by "high Misdemeanor." The post Impeachment: Is Judge Boasberg Guilty of a “High Misdemeanor?” first appeared on Independence Institute. The post Impeachment: Is Judge Boasberg Guilty of a “High Misdemeanor?” appeared first on Independence Institute.| Independence Institute
Thus far, the Trump cuts have been only a tiny fraction of recent federal employment increases. The post Is Trump Really Cutting the Size of Government? first appeared on Independence Institute. The post Is Trump Really Cutting the Size of Government? appeared first on Independence Institute.| Independence Institute
Since 2009, Colorado regulation and government spending have exploded, and every branch of state government seems to have taken on an authoritarian tinge.| Independence Institute - Think Freedom
15 Wake Forest L. Rev. Online 1 Nicholas R. Rader Introduction Corporations may, as a result of their operations, incur substantial contingent liabilities that diminish their enterprise value.[1] In some cases, these contingent liabilities take the form of mass tort judgments, which threaten to drag corporations into protracted, complex litigation in diverse forums with potentially […]| Wake Forest Law Review
Main chamber of Badshahi Mosque by User:Amjad.m (CC BY-SA 3.0) On January 16th, 2025, the government of Punjab, Pakistan’s most populous province, demolished a historic Ahmadi mosque in the city of Daska. This mosque was built by Zafrullah Khan (1893-1985), Pakistan’s first foreign minister and one of the founding fathers of the country. This is…Read More| Canopy Forum
The Federal Court dismisses the challenge to the prorogation of Parliament| Double Aspect
Freedom of the press is as much for ordinary citizens as journalists, so the law should not discriminate against ordinary citizens. The post Special privileges for journalists contrary to ‘freedom of press’ first appeared on Independence Institute. The post Special privileges for journalists contrary to ‘freedom of press’ appeared first on Independence Institute.| Independence Institute
Making up new ways to interpret the Constitution is unfaithful to the document. If the Founders had known people would do that, they would have written it differently. The post Defending the Founders’ Interpretation of the Constitution first appeared on Independence Institute. The post Defending the Founders’ Interpretation of the Constitution appeared first on Independence Institute.| Independence Institute
I don’t really know what to say. I’ll figure out what to say another time. Paul Krugman, who recently left the New York Times, interviewed me for his newsletter and the transcript of the conversation, as well as the video, are being posted in both of our newsletters.| Notes on the Crises
Peter Hennessy and Andrew Blick’s new book, Could it Happen Here?, is a wake-up call to those who care about the health of British democracy. National complacency about our constitutional and…| Public Law for Everyone
Article II of the United States Constitution plainly states “[t]he executive Power shall be vested in a President of the […]| Broad + Liberty
Even we don't restore the Constitution's spending limits, the courts have power to stop waste like "promoting DEI in Serbia." The post A Rule for Curbing Wasteful Spending first appeared on Independence Institute. The post A Rule for Curbing Wasteful Spending appeared first on Independence Institute.| Independence Institute
The Founders predicted what would happen when a group takes over from a disabled President. The post The Constitution and the Betrayal by Biden’s People first appeared on Independence Institute. The post The Constitution and the Betrayal by Biden’s People appeared first on Independence Institute.| Independence Institute
Notes on the Crises pivoted on February 1st into around the clock coverage of the Trump-Musk Treasury Payments Crisis of 2025 Read Part 0, Part 1, Part 2, Part 3, Part 4, Part 5 & Part 6 If you are a current or former career Bureau of the Fiscal Service Employee,| Notes on the Crises
UPDATE 4:21 PM: MARKO ELEZ HAS RESIGNED. WALL STREET JOURNAL CLAIMS IT WAS OVER "RACIST POSTS". OBVIOUSLY NOT TRUE- WIRED, TALKING POINTS MEMO AND I GOT HIM. NEED TO REST, MORE TOMORROW Notes on the Crises pivoted over the weekend into around the clock coverage of the Trump-Musk Treasury| Notes on the Crises
Notes on the Crises pivoted over the weekend into around the clock coverage of the Trump-Musk Treasury Payments Crisis of 2025 Read Part 0, Part 1, Part 2, Part 3 & Part 4 If you are a current or former career Bureau of the Fiscal Service Employee, especially if you’re| Notes on the Crises
If you are a current or former career Bureau of the Fiscal Service Employee, especially if you’re a legacy IT programmer with years of experience and especially if you are a COBOL programmer currently working on the PAM, SPS or any other adjacent team, contact me over email or| Notes on the Crises
If you are a current or former career Bureau of the Fiscal Service Employee, especially if you’re a legacy IT programmer with years of experience and especially if you are a COBOL programmer currently working on the PAM, SPS or any other adjacent team, contact me over email or| Notes on the Crises
After a hiatus, Ius & Iustitium is happy to resume publishing pieces on law and the classical legal tradition. Ius & Iustitium welcomes submissions from academics, practicing lawyers, and s…| Ius & Iustitium
Government proposals to streamline judicial review of decisions authorising major infrastructure projects have been branded ‘Trumpian’. As well as being misplaced, such criticisms risk …| Public Law for Everyone
By: Virginia Brown The first two weeks of President Donald Trump’s (“Trump”) second term have been marked by a flurry of activity: executive orders, firings, and hirings, but arguably nothing more dramatic or wide-sweeping than the attempted federal funding freeze.[1] The story starts with the Office of Management and Budget (“OMB”) memorandum (the “memo”) released […]| Wake Forest Law Review
If you are a current or former career Bureau of the Fiscal Service Employee, especially if you’re a legacy IT programmer with years of experience and especially if you are a COBOL programmer currently working on the PAM, SPS or any other adjacent team, contact me over email or| Notes on the Crises
This post summarizes what earlier posts at this site have said about the states' power to curb illegal immigration. The post May the States Block Illegal Immigration? first appeared on Independence Institute. The post May the States Block Illegal Immigration? appeared first on Independence Institute.| Independence Institute
Is spying constitutionally-protected "freedom of speech" or "freedom of the press" because it is conducted by an internet application?| Independence Institute - Think Freedom
New Zealand’s government wants better regulation. Is it going about it the right way?| Double Aspect
Most Presidents near the bottom of survey lists are there principally because of a failure on one or two survey criteria . . . What is striking about the Biden presidency is its failure over a wide range of criteria. The post The Biden Presidency: The Worst in History? first appeared on Independence Institute. The post The Biden Presidency: The Worst in History? appeared first on Independence Institute.| Independence Institute
From the standpoint of those who favor freedom and constitutional government, the new presidential administration will be better than the last, but lasting change will require adoption of constitutional amendments proposed by a convention of the states. The post Some Constitutional Takeaways from the 2024 Presidential Election first appeared on Independence Institute. The post Some Constitutional Takeaways from the 2024 Presidential Election appeared first on Independence Institute.| Independence Institute
The Electoral College is a necessary part of a wider presidential election system, which in turn is the result of many factors, not just a few. The post The Electoral College in Context first appeared on Independence Institute. The post The Electoral College in Context appeared first on Independence Institute.| Independence Institute
Eighteenth Century social history helps us understand why the Constitution was written as it was. The post Insights into the Constitution from English Social History first appeared on Independence Institute. The post Insights into the Constitution from English Social History appeared first on Independence Institute.| Independence Institute
John Lansing, Jr. used the New York Bill of Rights as one basis for the proposed constitutional amendments consulted by James Madison. The post How the New York Bill of Rights Helped Lead to the U.S. Bill of Rights first appeared on Independence Institute. The post How the New York Bill of Rights Helped Lead to the U.S. Bill of Rights appeared first on Independence Institute.| Independence Institute
CI-128, if enacted, could be used as a legal wedge for child mutilation and the invasion of women’s sports by biological males. The post Major Problems in Montana’s CI-128 (the Abortion Initiative) first appeared on Independence Institute. The post Major Problems in Montana’s CI-128 (the Abortion Initiative) appeared first on Independence Institute.| Independence Institute
If the Framers had believed the Constitution would be construed by any rules other than those then prevailing, they would have worded it very differently. The post Direct Taxes and the Founders’ Originalism first appeared on Independence Institute. The post Direct Taxes and the Founders’ Originalism appeared first on Independence Institute.| Independence Institute
Campus intolerance and indoctrination began long ago. The post University Propaganda first appeared on Independence Institute. The post University Propaganda appeared first on Independence Institute.| Independence Institute
What the Supreme Court's rejection of the "Chevron Doctrine" means for Colorado and other Western states. The post Video: Rob Natelson on the Supreme Court’s Overruling the “Chevron Doctrine” first appeared on Independence Institute. The post Video: Rob Natelson on the Supreme Court’s Overruling the “Chevron Doctrine” appeared first on Independence Institute.| Independence Institute