It's rare for a judge to include pictures in his opinions. It's also rare for a judge to write visually.  But as I make my way through the 10th circuit decisions of Supreme Court nominee Hon. Neil Gorsuch, I see a skill in using visualization as a persuasion tool.

In American Atheists v. Davenport,  Judge Gorsuch used in his dissent the literary ...

The nomination of Hon. Neil Gorsuch deserves a constitutional process; and so it's the duty of both blue and red politicians to serve constititutional democracy above party. It's also on us, We the People, to be part of an informed, constitutional conversation.

  •  Beware judicial labels of liberal and conservative when applied to Supreme Court ...
The Constitution has always been richly visual and the First Amendment has never been just words. Its a centuries-long gallery of images, past, present and future that keeps regenerating. So the 2017 Women's March fits well within this constitutional visual tradition. Friends who marched have sent on images of homemade signs, photographs ...

'Tis the season of red.
But is red always just red?

Say you're in the car at a red stoplight on an overcast day in December. Your brain is trained to think red means stop and it's commonsensical isn't it to conclude a red light is always the same red light?

The next day, a bright sunny day, you arrive at the same red light. But the red light you see now isn't ...

At this time of year media fields of all types are blooming with a journalistic genre called "the year in review".  These are mega-retrospectives of Big Stuff 2016 news: celebrities, stars, men and women of the year, big news stories, the biggest bests and worsts, big personalities, the most dramatic events. If Rip Van Winkel were to awake to read a ...

Today I made a guest appearance on Jack Out Of The Box as part of a conversation about the constitutionality of the recently introduced Protect the Flag Act.  Jack's article and my comments are below.

PROTECT THE FLAG? Sure. PROTECT THE BILL OF RIGHTS? Better.

Ohio Congressman Michael Turner introduced a bill in Congress on December 2 called the ...

If you had to choose a top-ten list of the most important and influential modern books by a professional historian about American history, the list would surely be incomplete without Gordon S. Wood and his Pulitzer Prize winner: "The Radicalism of the American Revolution". Cited by Supreme Court Justices, authoritatively insightful about ...

Online auctions and the larger marketplace for older, original oil paintings are in an interesting new cycle open to all sorts of savvy (and not so savvy) buyers. America is doing its largest intergenerational offloading of stuff, including those proverbial masterpieces in grandma's attic.

Some paintings are, well, better left in the attic ...

The Constitution's, count them, not one but three references to "Emoluments" within its seven original articles aren't dusty legalisms in the constitutional attic...unless we make them so. Let's dust the words off and look through the broader lens of constitutional meaning.

The word "emolument" may sound old timey, but the principle it ties to ...

Hamilton called it a grand experiment. If you were a late-18th century American, you keenly understood what "experiment" meant. Action--not just words but action--without a certain outcome. No outcomes were certain in the Revolutionary experiment. Replacing a monarch with popular sovereignty? Total experiment. Only recently had an ...

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