Conservatism Made Simple
The New Guards
Incorporation through the Privileges or Immunities Clause
Originally published on The Federalist Society Blog Since the ratification of the Fourteenth Amendment in 1868, the Supreme Court has incrementally incorporated almost the entire Bill of Rights against the states. Scholars and jurists disagree, however, as to which...
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Madison’s Last Veto
Originally posted on The Federalist Society Blog In 1796, Thomas Jefferson wrote a letter to James Madison, in part questioning whether Congress’s enumerated constitutional authority to “establish Post Offices and post...
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Impeachability: The Conventional Standard
Originally posted on The Federalist Society Blog Outside of the phrase “treason, bribery, or other high crimes and misdemeanors,” the Constitution does not offer much guidance on what we might consider an impeachable offense. Luckily, the Founders’ debates at the...
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The New Guards’ Post-Trump Roundtable
Now that the Trump presidency is over, here's a look back with a few of the New Guards: How do you feel now that the Trump presidency is over? Jacob Hibbard: Exhausted. These last four years have felt like almost constant drama. Having to alternate between...
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Healing through Bipartisan Electoral College Reform
Originally posted on The Federalist Society Blog The Electoral College, as outlined in Article II of the Constitution and the Twelfth Amendment, was designed by the Founders to prevent “tumult and disorder” in presidential elections, as well as “cabal, intrigue, and...
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The Reindeer Rule: Lynch and Allegheny Explained
(Originally posted on The Federalist Society Blog) Rudolph, on this holiday, won't you save the town display? In Lynch v. Donnelly (1984), the Supreme Court upheld a city’s Nativity scene, or “creche,” against an Establishment Clause challenge. Five years...
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Do Progressive Income Taxes Violate the Equal Protection Clause?
There are currently seven federal income tax brackets from 10% to 37%; the more you earn, the more you pay. Is that constitutional? Many assume that the progressive income tax was created by the Sixteenth Amendment, a popular target for repeal among advocates for a...
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Do Term Limits Make a Difference?
Originally posted on The Federalist Society Blog According to Gallup in 2013 and Rasmussen in 2016, about 75% of voters support congressional term limits. But would they make a difference? Let’s look at how they have affected the presidency to get an idea of how they...
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Does 17-Year-Old Kenosha Shooter Kyle Rittenhouse Have a Viable Case for Self-Defense?
After two fatal shootings in Kenosha, Wisconsin, on August 25, a 17-year-old Illinois resident named Kyle Rittenhouse has been charged with several crimes, including two counts of homicide, one of attempted homicide, and one misdemeanor charge for possessing an...
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