Musings on Constitutional Philosophy

Housekeeping Note: On Hiatus (ish)

Hi all! You may have noticed that I haven't written anything in quite a while now. The reason for this is absolutely NOT that I have abandoned this newsletter. Rather, it is that I have some bigger projects brewing that have been taking up my time and effort.

The Curious Case of the Twenty-Eighth Amendment, Part II: Did the ERA Expire?

Remember this? It's been a while. Way way back in January 2025, a bunch of activists were lobbying outgoing President Joe Biden to take action to recognize the Equal Rights Amendment as having been adopted as part of the Constitution. At that time, I wrote the first of

No, the Presidential Records Act Is Not Unconstitutional

A few days ago, the Office of Legal Counsel issued an opinion to the effect that the Presidential Records Act is unconstitutional. Now, I have said that I don't expect to use this newsletter to do commentary on current events very much in the Trump era, because constitutional

The Question of Implied Powers, Part VI: McCulloch v. Maryland, the Second Question

The Question of Implied Powers, Part V: McCulloch v. Maryland, the First Question

Constitutional Prehistory: The British Imperial Constitution