Federalism & Separation of Powers Practice Group

Necessary & Proper Episode 77: Who Decides if January 6 Was an Insurrection Prohibiting the Election Of Participants?

James Bopp, Kory Langhofer, Pressly M. Millen, Devin Watkins

The Fourteenth Amendment prohibits anyone who has engaged in insurrection or rebellion against the United...

The Original Understanding of the Indian Commerce Clause: An Update

Robert G. Natelson

Federalist Society Review, Volume 23

The Congress shall have Power . . . To regulate Commerce with foreign Nations, and...

What Adam Liptak Doesn’t Know about Brown v. Board and Originalism

GianCarlo Canaparo, Jack Fitzhenry

Adam Liptak, the New York Times’ Supreme Court reporter, recently published an article in which...

Originalism’s Still Around, No Matter What Adrian Vermeule Says

Devin Watkins

I was taken aback when I read Adrian Vermeule’s recent Washington Post op-ed, which alleges...

How Fifth Circuit Affirmed George Washington’s Vision of Fundamental Justice

John Berlau

The recent ruling by the U.S. Court of Appeals for the Fifth Circuit in Jarkesy v. SEC is...