Professor of Law and J. Philip Johnson Faculty Fellow, University of North Dakota School of Law
Michael S. McGinniss is Professor of Law and J. Philip Johnson Faculty Fellow at the University of North Dakota School of Law, where he joined the faculty in 2010 and served as the Dean from 2019 to 2022. He chairs the executive committee for the Federalist Society's Practice Group on Professional Responsibility and Legal Education.
Before entering the legal academy, Professor McGinniss served for twelve years as a Disciplinary Counsel for the Supreme Court of Delaware. He teaches courses including Professional Responsibility, Advanced Legal Ethics, Civil Procedure, and Federal Courts. He also serves as Faculty Advisor for the North Dakota Law Review and the UND Law Federalist Society student chapter.
Professor McGinniss’ research and scholarship interests are wide-ranging and include lawyer and judicial ethics, constitutional law (especially First Amendment, separation of powers, and federalism), and cultural challenges faced by conservatives in the law schools and the legal profession. His most recent law review article, Declaring Independence to Secure Integrity: The Supreme Court Justices' Code of Conduct, was published in the Federalist Society Review. His article Expressing Conscience with Candor: Saint Thomas More and First Freedoms in the Legal Profession, was published in the Harvard Journal of Law & Public Policy.
Professor McGinniss has spoken to Federalist Society lawyer and student chapters across the country about judicial independence and ethics, especially relating to the federal courts and the United States Supreme Court Justices. He has also provides talks addressing rising challenges to ideological diversity and targeting of conservative viewpoints in law schools and the legal profession, and his current research is focusing on the impacts of ideological biases and public policy disagreements on lawyer discipline processes.
Senior Fellow in Constitutional Jurisprudence, Independence Institute
Professor Robert G. Natelson is a constitutional scholar and author.
Rob’s constitutional scholarship has been cited repeatedly by justices and parties at the U.S. Supreme Court—as well as by federal appeals courts, and at least 18 state supreme courts.
Rob’s research into the Constitution’s original meaning has carried him to libraries throughout the United States and in Britain, including four months at Oxford University. His books and articles span many different parts of the Constitution, including groundbreaking studies of the Necessary and Proper Clause, the Indian Commerce Clause, federalism, Founding-Era interpretation, regulation of elections, and the amendment process of Article V. He created the first-ever online bibliography for 18th century materials used in constitutional research. He is a contributing author to the Encyclopedia of the Supreme Court of the United States (on Magna Carta). He contributed eight essays to the third edition of the Heritage Guide to the Constitution: five on the amendment procedure and one each on the Guarantee Clause, the Postal Clause, and the Recess Appointments Clause.
U.S. Supreme Court justices have relied explicitly on Rob’s research in 41 citations in 13 separate cases.
Senior Fellow in Constitutional Jurisprudence, Independence Institute
Professor Robert G. Natelson is a constitutional scholar and author.
Rob’s constitutional scholarship has been cited repeatedly by justices and parties at the U.S. Supreme Court—as well as by federal appeals courts, and at least 18 state supreme courts.
Rob’s research into the Constitution’s original meaning has carried him to libraries throughout the United States and in Britain, including four months at Oxford University. His books and articles span many different parts of the Constitution, including groundbreaking studies of the Necessary and Proper Clause, the Indian Commerce Clause, federalism, Founding-Era interpretation, regulation of elections, and the amendment process of Article V. He created the first-ever online bibliography for 18th century materials used in constitutional research. He is a contributing author to the Encyclopedia of the Supreme Court of the United States (on Magna Carta). He contributed eight essays to the third edition of the Heritage Guide to the Constitution: five on the amendment procedure and one each on the Guarantee Clause, the Postal Clause, and the Recess Appointments Clause.
U.S. Supreme Court justices have relied explicitly on Rob’s research in 41 citations in 13 separate cases.
Topics
Court Holds the Corporate Transparency Act Is Unconstitutional: A Victory for Limited Government and the Right to Privacy
Earlier this month, a federal district court judge issued a preliminary injunction against the enforcement...
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Federal Court Recognizes Limits to Federal Power Over At-Home Distilling
What are the limits of the federal government’s powers? That critical question has been debated...
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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...
Declaring Independence to Secure Integrity: The Supreme Court Justices' Code of Conduct
Michael S. McGinniss
[T]he judiciary is beyond comparison the weakest of the three departments of power; that it...
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Moore v. United States and the Uncertainty About “Direct” and “Indirect” Taxes
Our Constitution distinguishes between direct and indirect taxes. Indirect tax rates must be uniform throughout...
The False Doctrine of Inherent Sovereign Authority
Robert G. Natelson
This essay examines the hypothesis that the federal government and its departments and officials hold...
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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...
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The Chief Justice at His Best and Worst
Sometimes Chief Justice John Roberts writes beautifully. When he does, his writing is understated; he...
The Meaning of "Regulate Commerce" to the Constitution's Ratifiers
Robert G. Natelson
I. Previous Scholarship[1] A. Views of “Commerce”: Traditional and “Mega” The Constitution grants Congress power...
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Voting News: The 11th Circuit Holds That Postage to Mail Ballots Is Not an Unconstitutional Poll Tax
In the State of Georgia, voters must pay for postage when submitting mail-in and absentee...