Constitutional Doctrine
Marbury v. Madison Does Not Mean What the Supreme Court Says It Means
Every law student learns the same story. John Marshall wrote Marbury v. Madison in 1803, established judicial review, and handed the Supreme Court the power to be the final word...
Marbury v. Madison Does Not Mean What the Supreme Court Says It Means
Every law student learns the same story. John Marshall wrote Marbury v. Madison in 1803, established judicial review, and handed the Supreme Court the power to be the final word...
Void Ab Initio: The Doctrine That Makes Unconstitutional Laws Dead on Arrival
There is a legal principle that modern courts work very hard to avoid. It is not obscure. It is not controversial in the abstract. Every judge in America will tell...
Void Ab Initio: The Doctrine That Makes Unconstitutional Laws Dead on Arrival
There is a legal principle that modern courts work very hard to avoid. It is not obscure. It is not controversial in the abstract. Every judge in America will tell...
Norton v. Shelby County: The Case That Proves Unconstitutional Laws Never Existed
Most people arguing about constitutional rights have never heard of Norton v. Shelby County. That is not an accident. If Norton were taken seriously, a large portion of modern federal...
Norton v. Shelby County: The Case That Proves Unconstitutional Laws Never Existed
Most people arguing about constitutional rights have never heard of Norton v. Shelby County. That is not an accident. If Norton were taken seriously, a large portion of modern federal...
Federalist No. 44: Madison on the Supremacy Clause
From the New York Packet. Friday, January 25, 1788. To the People of the State of New York. The SIXTH and last class consists of the several powers and provisions...
Federalist No. 78: Hamilton on the Judiciary
From McLean’s Edition, New York. To the People of the State of New York. WE PROCEED now to an examination of the judiciary department of the proposed government. The complete...
Candidate Accountability: Supporting the Second Amendment Is Not a Constitutional Position
Every Republican candidate running for governor of Tennessee in 2026 supports the Second Amendment. They will tell you so at every stop. They will put it in their campaign materials....
Article VI Explained: The Kill Switch the Courts Keep Unplugging
Most people who argue about constitutional rights have never read Article VI carefully. They talk about the First Amendment, the Second Amendment, the Bill of Rights. They quote Marbury v....