Reviving the legal principle of popular rights
If the legal profession is going to defend democracy, it needs to embrace some of the most powerful “original meanings” of the Constitution.
Wondering how to navigate Wordpress? Me too. Sometimes when you add a post, you get an interface that looks like business software, with form fields to fill out. This time, it looks more like a blank web page to just write and design on. Which is which, and how do I find one or the…
President Trump has imposed a series of exceptional tariffs on all kinds of imported goods, all without consulting Congress or even the Senate, claiming authority to declare an international economic emergency under the IEEPA, and declaring a national security need for other tariffs, including goods that have no obvious national security role such as household…
Comment posted to WaPo article: https://www.washingtonpost.com/politics/2025/10/05/supreme-court-trump-tariffs-immigration-economy/ Especially with the President and the Courts acting the way they are, we need our lawyers to put the best arguments in front of the Courts. The tariffs-by-executive-decree case raises big questions about taxpayer rights, and about so-called emergency declarations. Customs is literally collecting taxes that no law requires…
AS we all know, this year, Pres. Trump issued a series of executive orders that impose a variety of punitive tariffs on imports from dozens of countries around the world. He has raised tariffs, lowered them again, set activation dates, changed those dates. At various times he President cites IEEPA and other ‘emergency power’ statutes…
One of the bigger surprises in my personal study of constitutional law was to discover the role of English law, and English Common Law, in American law. In my ignorance I only thought of common law in terms of “common law marriage.” And in many arguments and discussions of constitutional law, common law is often…
Sign up for our mailing list (low volume, high value!)
Rights Over Rules 