Cheating Marriage: A Tragedy in Three Acts, Ave Maria Law Review (2015)
In his dissenting opinion in United States v. Windsor, Justice Scalia accused the Court of...
From Plyler to Arizona: Have the Courts Forgotten About Corfield v. Coryell?, University of Chicago Law Review (2013)
The U.S. Constitution assigns plenary authority to determination naturalization policy to the Congress. Yet increasingly...
Hidden Gems in the Historical 2011-2012 Term, and Beyond, Charleston Law Review (2013)
Book Review: John Yoo, Crisis and Command: A History of Executive Power from George Washington to George Bush, Engage (2010)
The Founders' Intent, Constitutional Provisions, and Limits on Spending Power and Delegation, Engage (2009)
2012 Supplement to The American Constitutional Order: History, Cases, and Philosophy (with Douglas W. Kmiec, Stephen B. Presser, and Raymond Marcin) (2012)
The American Constitutional Order: History, Cases, and Philosophy (with Douglas W. Kmiec, Stephen B. Presser, and Raymond Marcin) (2010)
Contributions to Books
The Moral Conditions of Liberty, Freedom and the Rule of Law (2009)
The Spending Clause, Oxford Encyclopedia of Legal History (2008)
Adequacy and the Rights Revolution: Reinterpreting the Education Clauses in State Constitutions, School Money Trials: The Legal Pursuit of Educational Adequacy (2006)
Constitutions, SCHOOL MONEY TRIALS: THE LEGAL PURSUIT OF EDUCATIONAL ADEQUACY (2006)
In the past decade, a number of state courts have found a new "fundamental right"...
Encyclopedia entry, "Privileges and Immunities", The Oxford Companion to the Supreme Court of the United States (2005)
The GAO's Assault on the Executive Branch, The American Legion Magazine (2002)
This article explores the constitutional issues involved with the General Accounting Office's suit to force...
Fair Interpretation: Founding Fathers Didn’t Intend to Ban Voluntary Prayer at School Functions, L.A. Daily Journal (2000)
How Large is Too Large for the Rule of Law? Testimony Before the U.S. Senate Judiciary Committee, Hearing to Consider Proposals to Split the Ninth Circuit Court of Appeals (2006)
Proposals to split the U.S. Court of Appeals for the Ninth Circuit have been around...
Does the First Amendment's Freedom of the Press Clause Place the Institutional Media Above the Law of Classified Secrets? (2006)
Testimony before the U.S. House of Representatives Permanent Select Committee on Intelligence, contending that Section...
The Constitutionality of the NSA Surveillance Program: A Letter to the House Judiciary Committee (2006)
Following the December 2005 disclosure by the New York Times of a highly-classified National Security...
Wrong Claim, Wrong Party, Wrong Court: Assessing the Petition Brought by a Coalition of Clergy, Lawyers, & Professors on Behalf of Detainees Held by the U.S. Military in Guantanamo Bay, Cuba (2002)
This brief article assesses the merits of the habeas corpus petition filed by a group...