Works in Progress

• Opening Pandora’s Box. The Privileges or Immunities Clause and the Constitution in 2020. Check out my musings on this point.
• Does the Constitution have a geography clause? Why should liberty mean different things in different places.
• The Journal Clause and Legislative History
• Legal Fictions. Why do we accept them, and why is it good to be false?
• Regulatory Czars and the Appointment Clause.
• Rethinking Footnote Four for the 21st Century.
• The Law of Twitter. Law 2.0 for Web 2.0. Check out my musings on this point.
• What does “Constitutional” Mean? Is it Constitution or Ought it Be Constitutional?
• National Consensus and Constitutionality. Does the Constitution Change if Everyone Agrees?
• Why the rational basis test is not a test at all, but an abstention doctrine. (Alternative title- Drop the charade. Rational basis test as a political question) Check out my musings on this point.
• Analogizing Legislative History to Statements made during Oral Arguments by the Justices. Check out my musings on this point.
• Are Members of SCOTUS Judges or Justices? Both text of Constitution and early cases use both terms. Check out my musings on this point.
• Does the Constitution have a Geography Clause? Why do rights mean different things in different placing. Check out my musings on this point.
• How does the Supreme Court Sniff out Purpose?  Protectionist Purposes, Invidious Purposes, and Religious Purposes.
• Selective Originalism. Why do Originalists Pick and Choose When to be Original? Check out my thoughts here.
• Original Crime. What was a Federal Crime in 1789? Check out my thoughts here.
• De jure v. De facto. The Supreme Courts New Constitutional Distinction Du Jure
• Power Over The Purse And The Sword. Can Congress Limit the President’s Foreign Policy Through the Foreign Commerce Clause
• A Failure of Textualism. What happens when Congress no longer reads the Bills it Enacts?
• When the Supreme Court appoints Counsel to Argue a Case. Why isn’t the case moot?
• Thank you for being my friend. The role of amicus briefs at the Supreme Court.
• Omniveillance Reloaded. The Right to your Digital Identity int he National Surveillance State
• And many more to be posted in due time.