top of page


Thinking, Constitutionally
Americans typically consider questions about the meaning of the Constitution through the prism of their political views and values. As a...
Brenna Gerhardt
Aug 27, 20214 min read


American Withdrawal from Afghanistan and the War Clause
How many more Americans would have to die before the United States made the inevitable decision to withdraw from war in Afghanistan,...
Brenna Gerhardt
Aug 20, 20215 min read


“Advice and Consent”: Constitutional Duty of the Senate
Some readers may remember that their introduction to this ancient phrase came when they picked up a copy of Allen Drury’s 1959...
Brenna Gerhardt
Aug 6, 20214 min read


“Advice and Consent”: Constitutional Duty of the Senate
Some readers may remember that their introduction to this ancient phrase came when they picked up a copy of Allen Drury’s 1959...
Brenna Gerhardt
Jul 22, 20214 min read


The Case Against Congressional Term Limits
Advocates of congressional term limits have strong arguments, as we observed last week of the ongoing effort to impose a ceiling on the...
Brenna Gerhardt
Jul 15, 20213 min read


Congressional Term Limits: Light from the 22nd Amendment
The debate surrounding proposals for term limits on members of Congress would benefit from a reminder of the reasoning behind the 22nd...
Brenna Gerhardt
Jul 8, 20214 min read


Where Frequent Elections End, Tyranny Begins
Students of the Constitution often ask for an explanation of the Constitutional Convention’s rationale for distinguishing the length of...
Brenna Gerhardt
Jun 30, 20213 min read


Ratifying the Constitution: Democracy in Action
On June 21, 1788, New Hampshire became the ninth state to ratify the proposed Constitution. This was an act for the ages because it not...
Brenna Gerhardt
Jun 30, 20213 min read


To Regulate in the Last Resort
Does Congress, under the Time, Place and Manner Clause of the Constitution, possess authority to “alter” or otherwise override state laws...
Brenna Gerhardt
Jun 18, 20214 min read


The Mystery of the Ninth Amendment
Likely the most mysterious provision of the Bill of Rights, the question of the meaning of the Ninth Amendment has generated numerous...
Brenna Gerhardt
Jun 2, 20213 min read


The Beguiling 10th Amendment
Throughout our nation’s history, the 10th Amendment to the Constitution has been misconstrued for the purpose of advancing state...
Brenna Gerhardt
May 27, 20214 min read


Disaster for the Constitution: Flawed Assertions of State Sovereignty
No doctrine has posed a greater threat to the U.S. Constitution than the flawed assertion of state sovereignty. It represented the...
Brenna Gerhardt
May 6, 20213 min read


Probing Federalism: The Supremacy Clause
“Federalism,” which refers to the allocation of powers between the federal and state governments, has been a source of contention since...
Brenna Gerhardt
Apr 29, 20213 min read


A Cell Phone Recording, First Amendment Rights and a Guilty Verdict
When 17-year old Darnella Frazier used her cell phone on May 25, 2020, to record the murder of George Floyd, a horrifying episode which,...
Brenna Gerhardt
Apr 22, 20213 min read


The Biden Commission and the Concept of Court-Packing
President Biden recently signed an executive order creating a bi-partisan commission that will study U.S. Supreme Court reform and, among...
Brenna Gerhardt
Apr 15, 20213 min read


The Personal Constitution: Embodied in the First Amendment
The concept of the “Personal Constitution,” which we introduced in this column last week, is personified in the First Amendment freedoms,...
Brenna Gerhardt
Apr 8, 20213 min read


Personalizing the Constitution
Together, the Declaration of Independence and the U.S. Constitution form what Gunnar Myrdal called, the “American Creed.” The...
Brenna Gerhardt
Mar 31, 20213 min read


Fundamental Fairness: Statehood for Washington DC
The introduction of H.R. 51, a bill to make Washington, D.C. the 51st state—the “Washington, Douglas Commonwealth”--would grant its...
Brenna Gerhardt
Mar 25, 20214 min read


Protecting Freedom of Speech
As we have seen in our recent discussion of tests employed by the U.S. Supreme Court to determine the parameters of speech afforded...
Brenna Gerhardt
Mar 19, 20213 min read


Holmes’s Defense of Freedom of Speech
Justice Oliver Wendell Holmes’s invention in 1919, in Schenck v. United States, of the Clear and Present Danger Test, provided little...
Brenna Gerhardt
Mar 12, 20213 min read
bottom of page
