Irrational Basis Review

When first adopted, the Bill of Rights only applied to the federal government -- not state governments. But in the early twentieth century, the Supreme Court began to rule that the...

In Korematsu v. United States, the Supreme Court said that laws that distinguish between people on the basis of race are subject to strict scrutiny. And it purportedly applied that...

Join us for a deep dive into the Fourteenth Amendment's relationship to sex and gender. Even though Abigail Adams implored her husband John to "remember the ladies" when helping to...

Whether you're just starting law school or need some extra inspiration to help you continue, this conversation is here to help. We're joined by Lindsay Kendrick, Dean of Students a...

Welcome to season 2 of Irrational Basis Review! We're kicking things off with an overview of Article II of the Constitution and the President's power to appoint officers and remove...

What happens when rational basis gets bitten by a radioactive animus spider? It becomes super-powered and invalidates a range of discriminatory conduct. Where did this toothier f...

Start your study of individual rights on the right foot(note) with this discussion of Con Law’s most famous footnote and the tiers of scrutiny that it spawned....

We do a deep dive into unenumerated rights-- where do they come from? Why do they get such a bad rap? How do we know when an unenumerated right is entitled to the most robust cons...

A quick, handy guide to the state action doctrine....

A deeper dive of Congress’s power to enact legislation pursuant to the Fourteenth Amendment....

A rollicking ride covering the Court’s Commerce Clause jurisprudence from Gibbons v. Ogden, to the Gilded Age, to the New Deal, to the present....

A topic of increasing importance -- empowering and constraining the President....