Objections Considered: Objection I.—Such Cruelties Are Incredible
To deny that cruelty is the spontaneous and uniform product of arbitrary power is to set at nought the combined experience of the human race.
7 articles
The War on Reconstruction
The Supreme Court's 5-4 ruling on birthright citizenship is just one battle in the right's larger war on the Second Founding.
Birthright Citizenship and Nationwide Injunctions
The Court has suddenly decided to place limitations on injunctions when they were preventing a brazenly unconstitutional executive order.
The Unitary Executive: A Primer for the People
The basics of a jurisprudence that, much more than originalism, defines the second Trump administration.
Article II as Suicide Pact
Justice Robert Jackson's fear that "doctrinaire logic" could turn the Constitution into a "suicide pact" was warranted, but the Bill of Rights is not the problem.
Trump, Hegseth, and the Fallacies of the Unitary Executive
Accountability in theory, impunity and incompetence in practice.
Moderate Reformers and the American Administrative State: Jesse Tarbert's When Good Government Meant Big Government
Conservatives have long cast a suspicious eye on American government. They have questioned the efficacy and indeed, the constitutionality of