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.
Alida graduated from Duke University with a degree in history and earned her J.D. from the Georgetown University Law Center.
Partner, Wiley Rein LLP
Tom has over 15 years’ experience in private practice and public service at the federal and state levels representing clients in high-stakes appellate and regulatory litigation matters. Tom has argued appeals in the Fourth, Fifth, Ninth, D.C. and Federal Circuits, and the West Virginia Supreme Court of Appeals.
Prior to joining Wiley, Tom was the General Counsel at the Federal Communications Commission (FCC), where he served as the agency’s chief legal officer and briefed dozens of appeals – personally arguing two – in the federal courts of appeals in constitutional and administrative law challenges to the FCC’s orders. Tom managed a team of over 70 attorneys and staff and provided consultation and advice on a wide range of practice areas relating to the FCC’s work, including administrative law, appellate and trial litigation, bankruptcy, ethics, fiscal law, fraud, labor and employment, and public records requests. He has spent his career advising clients on all stages of federal agency rulemaking, adjudication, and litigation, in fields ranging from communications to environmental law to securities to labor and employment. He frequently speaks and writes on legal issues and his articles have appeared in the Wall Street Journal, Washington Post, National Review, Forbes, and Newark Star-Ledger.
Eric H. Jaso, a former Justice Department official and federal prosecutor, practices law in Short Hills, New Jersey. His practice focuses on False Claims Act ("whistleblower") cases, and he handles a wide variety of civil and criminal complex litigation matters.
Publius comes from the pen name Alexander Hamilton, James Madison, and John Jay used when they wrote 85 publicly printed letters now known as the Federalist Papers. Hamilton chose “Publius” as a name that would represent friends of the newly proposed American republic - Publius Valeria Publicola was a Roman general who helped to found the Roman Republic. The Federalist Society continues the tradition of publishing things under the name Publius in celebration of our constitutional roots and recognition that author credit is not always necessary.
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...
Things the President Doesn't Know About Racial Disparities
On July 7, 2016, in a speech on police shootings of black men by police...
New Jersey Supreme Court Strikes Down Reorganization of the Council on Affordable Housing
Alida Kass
In a highly anticipated decision, the New Jersey Supreme Court rejected Governor Chris Christie’s attempt...
New Jersey Voters Overwhelmingly Approve Constitutional Amendment to Overturn Judicial Pensions Case
Thomas M. Johnson
On Election Day 2012, New Jersey voters overwhelmingly approved the New Jersey Judicial Salary...
New Jersey Supreme Court Requires Police to Give Breathalyzer Warnings in Foreign Languages
Eric H. Jaso
When a police officer stops a suspected drunk driver in New Jersey, and the driver...
Gay Marriage in the State Courts: New Jersey
Publius
Gay marriage litigation continues to occur in several states. On October 25, 2006 the Supreme...