The Perfect Gift!

This holiday season, with many still suffering post-election despair, give the gift that keeps on giving: The Naked Constitution!   It’s an upbeat, user-friendly guide to the original meaning of the Constitution, and how we can — and must — revive that meaning.  It’s available wherever books are sold.  Check out the “Books” page of this site or look here for links to Amazon and all the other retailers.

“Constitutional Law After ObamaCare”

Here’s a video of a lively panel discussion hosted by the Manhattan Institute.  I had the honor of being on the panel with Professors Richard Epstein, Nicholas Rosenkranz, and Michael Greve — distinguished scholars all.  We discuss originalism, federalism, standards of review, and how to be faithful to the text.  Check it out!


Debating Gay Marriage on Blaze TV

I recently appeared on Blaze TV’s Real News to debate the constitutionality of laws preserving the traditional defintion of marriage.  As I say on the show, the question isn’t whether same-sex marriage is good policy, the question is: who gets to decide?  The people and their elected representatives, or 5 unelected justices?  Take a peek, here.


What to Look for in Gay Marriage Cases

Yesterday, the Supreme Court announced that it would hear appeals in two cases involving same-sex marriage.   The Court will decide the fate of:

  • The Defense of Marriage Act (DOMA): can the federal government define “marriage” for the purpose of eligibility for federal benefits?
  • California Proposition 8: can a state define “marriage” as the union of one man and one-woman?

The two cases should raise distinct issues.  DOMA implicates federalism issues, while Prop 8 — if it raises any federal question at all – must be considered under the 14th Amendment.  Over at Ricochet, I analyze the issues, here.

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