The Latest Breaking News from Steve Calabresi

A response to Steve Calabresi.

"Insurrection" and "rebellion" should not be conflated. But the events of January 6 readily meet the criteria for both.

The opposing view is contrary to the original meaning, and leads to absurd conclusions.

Section 3 civility outside and inside Yale Law School.

"We must not forget that we are talking about empowering partisan politicians such as state Secretaries of State to disqualify their political opponents from the ballot, depriving voters of the ability to elect candidates of their choice. If abused, this is profoundly anti-democratic."

Leading originalist constitutional law scholar comments on the Supreme Court's recent rejection of independent state legislature theory.

Steve Calabresi writes: In my post yesterday, I was under the mistaken impression that Ed Whalen had bought into the radical "Independent State Legislature Theory" that the North Carolina State Legislature was arguing for yesterday in the U.S. Supreme Court. This is also a theory that former President Donald Trump…

What is meant by "each State by the Legislature thereof" that prescribes how to conduct elections?

Like the Dude, McCulloch v. Maryland abides. Steve Calabresi, Elise Kostiel, and Gary Lawson have a new paper called "What McCulloch v. Maryland Got Wrong: The Original Meaning of 'Necessary' Is Not 'Useful,' 'Convenient,' or 'Rational.'" Anyone interested in McCulloch should read their article, but I want to keep the…