Facts of the Case
Is the Corporate Transparency Act Unconstitutional?: Government Appeals a District Court Ruling That Said “Yes,” With More Challenges In Progress
On March 1, 2024, Judge Liles Burke in the Northern District of Alabama held in...
Toward a More Confident State Constitutionalism
Federalist Society Review, Volume 25
This article is adapted from a speech Justice Markman delivered to the Florida Annual Education...
Yes, Congress Has Constitutional Authority to Protect Unborn Children
The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, holding that the Constitution...
A Federal Gestational Age Abortion Ban is the Wrong (and Unconstitutional) Hill for the Pro-Life Movement to Die On
In Dobbs v. Jackson Women’s Health Organization, decided in June 2022, the Supreme Court overruled...
Federal Government Orders Surrender of Personal Property Under . . . its Police Power?: Courts Grapple with Bump Stock Rule as a Fifth Amendment Taking
In December 2018, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) issued a rule...
Constitutionality of Proposed Federal Liability Limitations for COVID-19 Exposure Claims
By Michael A. Carvin & Yaakov M. Roth Over the past weeks, the COVID-19 pandemic...
Party Like It’s 1935?: Gundy v. United States and the Future of the Non-Delegation Doctrine
Federalist Society Review, Volume 19
Note from the Editor: This article discusses Gundy v. United States, a case involving the...
People for the Ethical Treatment of Property Owners v. U.S. Fish and Wildlife Service: Did Gonzalez v. Raich Eviscerate All Constitutional Limits on Federal Power?
Engage Volume 17, Issue 1
Note from the Editor: This article discusses an ongoing case questioning the constitutionality of the...
The “Mens Rea” Component Within the Issue of the Over-Federalization of Crime
Engage Volume 14, Issue 2 July 2013
Introduction After decades of hastily passing federal criminal laws, the U.S. House of Representatives, through...
Florida Constitutional Challenge to Obamacare: It All Comes Down to Broccoli
Engage Volume 12, Issue 3, November 2011
Note from the Editor: This paper provides an update on the litigation dealing with the...
Constitutional Implications of an “Individual Mandate” in Health Care Reform
The Federalist Society takes no position on particular legal or public policy initiatives. Any expressions...
The War on Terrorism: Law Enforcement or National Security?
George Terwilliger*Theodore Cooperstein**Shawn Gunnarson***Daniel Blumenthal****Robert Parker***** The horrific events of September 11th were immediately labeled...
Hot Topics: Judicial Activism
When President George W. Bush announced his first nominations for the federal bench, he declared,...
