Thursday, December 8, 2011


Among other comments and questions, yesterday's essay about December 7, 1941 and September 11, 2001 brought me inquiries about why I haven't been writing for the public lo these several months.

Apart from personal business that needed my attention (e.g., moving from the Southern California desert to Denver), I have been writing briefs, continuing my MacArthur research, and finishing the second edition of The Supreme Court Opinions of Clarence Thomas, which covers the justice's last five terms (2006-2011).

Hence, the second edition now spans Justice Thomas's full twenty terms on the Court.

I am right now editing the page proofs, the book goes to the printer on January 3, 2012, and will be published next spring.

When the proofs are off to my publisher, I will take a brief rest for the balance of the year.

After that, I will turn my Con Law 101 lectures into a book, and practice some appellate and constitutional law.

In light of all that, and more, my days of writing long essays (see are over.

From now on, if I write public essays at all they will be bullet-type comments or questions.

Such as: 

  •  Has anyone noted that in all the seemingly endless "debate" palaver by Republican presidential candidates about the Tenth Amendment's reservation of power to "the States respectively, or to the people," not one of them has bothered mentioning what that power is?  (It's the power to legislate for the health, safety, welfare and morals--often called the "police power".) Why not?