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On Wednesday the justices heard oral argument in National Association of Manufacturers v. Department of Defense, which will determine the venue for challenges to Clean Water Act rules. [Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the...

The question that Julia Ward Howe posed in 1899—“Why should we fear to pass from the Old Testament of our own liberties, to the New Testament of liberty for all the world?”—could serve as an epigraph for Walter McDougall’s scholarship over the past 20 years. Howe...

It is subtle, or at least ironic, to use a term—“liquidate”—that has lost its original meaning to initiate a discussion of constitutional interpretation. Today the word still has a legal usage, referring to the payment and settlement of debts. The OED finds that meaning in...

With Progressives increasingly condoning censorship of conservative views as “hate speech,” conservatives are responding with an increasingly absolutist freedom of speech. Some recent essays written in reaction to the Antifa/neo-Nazi violence in Charlottesville show the appeal that the absolutist view has to conservatives: If political...

One of the standard distinctions these days is between the old originalism and new originalism. While different people define the distinction a little bit differently, I define the old originalism as having two essential characteristics: using “original intent” to determine the original meaning of a...

Our identity politics could use some Madisonian wisdom. In an earlier post, I argued that our current legal regime, which has created protected and non-protected classes of Americans, is one important source of our current political alignment and a reason why we have “identity politics.” Since at...