Libertarians are trying to upend the law—and rewrite history. Will they succeed?
Richard Epstein's highly influential, highly politicized scholarship sits at the base of Tea Party dogma
Obama May Be Blowing His Opportunity to Reform the NSA
January 17, 2014
This piece has been updated throughout to reflect breaking news in advance of the president's 11 a.m. speech.
Justice Ginsburg Is Wrong: She Should Step Down
December 18, 2013
Ruth Bader Ginsburg is a great American.
Inside the Stunning Court Smackdown on NSA Spying
December 17, 2013
The fatal flaw in the Obama administration's defense of metadata collection.
Don't Blame the Constitution for Obama's Year From Hell
December 05, 2013
Is the Constitution an imperfect document that has led to some combination of inefficiency (as the left argues) and a lack of democratic accountability (as the right argues)? Is it the Constitution that has been largely responsible for the problems of Barack Obama's presidency?
Three Ways Obama Could Raise the Debt Ceiling On His Own
October 06, 2013
A law professor lays out the least unconstitutional options for resolving a national crisis
Obama Was Right to Ask for Congress' Blessing on Syria
September 02, 2013
The biggest burden of being president is surely having to make decisions that will lead to people being killed and maimed in war: American soldiers who die decades before their time, innocent civilians in enemy countries, even enemy soldiers who rare
President Obama Should Heed What Senator Obama Said About Authorizing Military Action
August 28, 2013
I have a pretty broad view of presidential power to use military force abroad without congressional authorization.
Is the Filibuster Unconstitutional?
March 07, 2013
The Founding Fathers might not approve of today's Senate.