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.
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.
Associate, Wiley Rein LLP
Joel S. Nolette is an associate at Wiley Rein LLP, where he advocates on behalf of corporate and individual clients in a broad spectrum of complex litigation matters. In 2017, Joel graduated cum laude from the Georgetown University Law Center, where he served as the Editor in Chief of Volume 15 of the Georgetown Journal of Law and Public Policy. From 2019 to 2021, Joel clerked for the Honorable Raymond W. Gruender of the U.S. Court of Appeals for the Eighth Circuit; and from 2021 to 2022, he clerked for the Honorable Timothy J. Kelly of the U.S. District Court for the District of Columbia. Before attending law school, Joel graduated summa cum laude from Gordon College in Wenham, MA, with his Bachelor of Arts in Biblical Studies and worked as a letter carrier with the U.S. Postal Service.
Retired
Tom Gede retired in 2023 as a principal in Morgan Lewis Consulting LLC and of counsel to the firm. He currently consults on a variety of legal and policy matters for both public and private clients. Tom has a national reputation and distinguished background in federal Indian law. Prior to retirement, he represented clients in complex governmental matters in litigation, administrative and regulatory proceedings, including high-profile matters involving state governments. A former senior deputy in the California Attorney General’s office, Tom was amicus coordinator and Supreme Court counsel, and argued cases in the US Supreme Court, the California Supreme Court, and numerous state and federal appellate courts.
Tom also served as executive director of the Conference of Western Attorneys General (CWAG), coordinating activities on key legal and policy issues, such as federal Indian law, energy, environmental, public lands, financial services, and telecommunications, for the attorneys general of 18 western states and territories. In 2016, Tom was elected as a Member of the American Law Institute (ALI), and served as an Adviser on the Restatement of the Law Third - The Law of American Indians. Tom also taught federal Indian law as an adjunct law professor at the University of the Pacific - McGeorge School of Law. He served as an assistant editor for and the author of the Indian gaming chapter in CWAG’s American Indian Law Deskbook (2d & 3d eds.). He has been engaged in Indian gaming and Indian law matters for more than three decades, having focused on the gaming compacts with Indian tribes, as well as complex civil and criminal jurisdiction, land, natural resources, water and law enforcement issues in Indian country. He has testified before Congress on American Indian and Native Alaskan issues. In 2012 he was appointed by Speaker John Boehner to serve on the United States Indian Law and Order Commission, where he examined criminal justice issues in Indian country and Alaska, resulting in the issuance of an important report to the President and Congress.
Board Member, Center for Equal Opportunity
Roger Clegg is a Board Member at and former President and General Counsel of the Center for Equal Opportunity. He focuses on legal issues arising from civil rights laws--including the regulatory impact on business and the problems in higher education created by affirmative action. A former Deputy Assistant Attorney General in the Reagan and Bush administrations, Clegg held the second highest positions in both the Civil Rights Division (1987-91) and in the Environment and Natural Resources Division (1991-93). He has held several other positions at the U.S. Justice Department, including Assistant to the Solicitor General (1985-87), Associate Deputy Attorney General (1984-85), and Acting Assistant Attorney General in the Office of Legal Policy (1984). Clegg is a graduate of Yale University Law School (1981).
Professor of Law, University of San Diego School of Law (Retired)
Gail Heriot is a recently retired law professor from the University of San Diego. She also served as a member of the U.S. Commission on Civil Rights from 2007 to 2025. She is also the chairman of the board of the American Civil Rights Project and the chair emerita of the Civil Rights practice group at the Federalist Society for Law & Public Policy.
Professor Heriot is a prolific writer in the area of civil rights. She is the author of many law review articles. She is also the editor (along with Maimon Schwarzschild) of the 2021 anthology, A Dubious Expediency: How Race Preferences Damage Higher Education. Her upcoming book is entitled, Why We Walk on Eggshell: How Our Civil Rights Laws Helped Bring About the Woke Era—And the Trump Era, Too.
Her writings for a general audience have appeared in the Wall Street Journal, the San Diego Union-Tribune, the National Review and many other newspapers and magazines.
In 1996, she co-chaired the successful “Yes on Proposition 209” campaign, which amended the California Constitution to prohibit state-sponsored discrimination or preferential treatment based on race, sex, color, ethnicity or national origin. In 2020, she co-chaired the “No on Proposition 16” campaign, which successfully prevented Proposition 209’s repeal.
Professor, University of Hawai'i - Manoa
Davianna Pomaika'i McGregor is a Professor and founding member of the Ethnic Studies Department at UH-Manoa. She is a historian of Hawai'i and the Pacific. Davianna grew up in the ahupua'a of Kaiwi'ula in the Kapalama district of O'ahu and spent her summers with grandparents in Waiakea, Hilo, Hawai'i. She currently resides on O'ahu and Moloka'i. As a member of the Protect Kaho'olawe 'Ohana she helps to steward the lands of Kaho'olawe - Kohemalamalama O Kanaloa.
Her ongoing research endeavors have focused on documenting the persistence of traditional Hawaiian cultural customs, beliefs, and practices in rural Hawaiian communities, including the island of Moloka'i; the districts of Puna and Ka'u on Hawai'i; Ke'anae-Wailuanui on Maui and Waiahole-Waikane on O'ahu. This work is featured in her UH Press book, 2007, Na Kua'aina: Living Hawaiian Culture.
In 2006 she conducted studies which resulted in the following technical reports: Hurricane Evacuation Behavior Study for Guam and the Commonwealth of the Northern Marianas for the U.S. Army Corps of Engineers with Jon Matsuoka, December 31, 2006.
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...
The Original Understanding of the Indian Commerce Clause: An Update
Robert G. Natelson
The Congress shall have Power . . . To regulate Commerce with foreign Nations, and...
More News on Powers Reserved Exclusively to the States
Robert G. Natelson
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Towards an Administrative Rule of Lenity: Restoring the Constitutional Congress by Reforming Statutory Interpretation
Joel S. Nolette
Note from the Editor: In this article, Joel Nolette proposes an “administrative rule of lenity”...
Criminal Jurisdiction of Indian Tribes: Should Non-Indians Be Subject to Tribal Criminal Authority Under VAWA?
Thomas F. Gede
Ever since the U.S. Supreme Court issued its 1978 decision in Oliphant v. Suquamish Tribe,1...
Akaka Bill Debate
Roger B. Clegg, Jon Dyke, Gail L. Heriot, Davianna McGregor
Proposed by U.S. Senator Daniel Akaka (D-HI), the Akaka Bill, also known as the Native Hawaiian Government...