At Volokh Conspiracy, Nicholas Rosenkranz concludes his excellent series of posts on "The Subjects of the Constitution."
This series is worth a careful read in full, as it is to my knowledge by far the most sophisticated textualist exploration of the puzzle facial and as-applied challenges, an extraordinarily confused and undertheorized area of constitutional law.
Here again is the entire series:
The Subjects of the Constitution
Who Has Violated the Constitution?
The Subject of the Commerce Clause
The Objects of the Constitution
The Objects of the Fourteenth Amendment
The Subjects of the Constitution – Final Thoughts
Posted at 7:00 PM