A Return to Absolute Power?

By |2019-07-11T10:17:54-05:00September 12th, 2014|Categories: Constitution|Tags: |

Few Americans spend much time thinking about the vagaries of administrative law—the rules and procedures our government uses in formulating and enforcing regulations—let alone its effects on our lives and liberties. Anyone warning of the imminent demise of Americans’ liberties is likely to be dismissed as a kook. Anyone claiming to find such dangers [...]

Whose Will Shall Rule?

By |2019-03-21T11:46:31-05:00October 15th, 2013|Categories: Bruce Frohnen, Constitution, Politics, Supreme Court|Tags: |

For decades, now, the universe of constitutional interpretation has been divided into “textualists,” who argue that the document must be read according to the reasonable meaning of its words, and those who argue for a “living” constitution, the meaning of which can “grow” over time to “meet the needs of a changing people and [...]

The Abuse of the Fourteenth Amendment

By |2019-04-04T11:23:46-05:00July 31st, 2013|Categories: Federalism, Libertarians, Rights|Tags: |

Libertarians and conservatives have never achieved widespread consensus regarding issues of federalism in American jurisprudence. The gridlock has to do with competing ideas about the proper role of the federal judiciary in protecting and preserving individual rights. On the one side are those who would empower federal judges allegedly to protect individual rights against [...]