Ken Kulkowski

Ken Klukowski

Ken Klukowski is a national-bestselling author, constitutional lawyer and media contributor. He is on faculty at Liberty University School of Law, and a fellow and senior legal analyst with the American Civil Rights Union. He has also been published by Politico, the New York Post, and the Wall Street Journal, among other outlets. Klukowski has authored briefs on constitutional issues across the country, including the one adopted by the U.S. district court in striking down Obamacare in its entirety. He has authored seven law review articles, and been cited by multiple federal and state courts. A frequent media guest, he has appeared on national television and radio shows. A national bestselling author, his most recent book is Resurgent: How Constitutional Conservatism Can Save America, published by Simon & Schuster. A native of Indiana, he received his bachelor’s degree from the University of Notre Dame, studied history and political science at Arizona State University, and earned his law degree from George Mason University where he was a journal editor. He currently lives in the Virginia suburbs of D.C.

Latest News

Update: Label Tsarnaev Enemy Combatant for Now, Can Give Bill of Rights Later

Until it is confirmed that Tsarnaev was not part of a foreign terrorist sleeper cell, and that this was only a two-man cell--that there are not more terrorists in this cell they were working with--he should be regarded as a potential threat to national security, and subject to interrogation without the criminal procedural protections of the Bill of Rights, just like any foreign enemy combatant. Apr 21, 2013 9:03 AM PT

For Now, Public-Safety Exception Precludes Bomber's Miranda Rights

As a newly-minted U.S. citizen captured on U.S. soil, Boston terrorist suspect Dzokhar Tsarnaev will get the full range of constitutional protections from the Bill of Rights, as we explained yesterday, except one: Tsarnaev wasn't read his Miranda rights. Apr 20, 2013 4:22 PM PT

Boy Scout Leaders Propose Incoherent Policy on Gay Scouts

A faction in the Boy Scouts of America (BSA) just proposed a resolution to change BSA’s longstanding policy regarding openly homosexual behavior, one that will subject them to crippling lawsuits and cannot possibly survive over time. Regardless of where a person stands on the question of whether there should be open and avowed homosexuals in the Boy Scouts, this policy doesn’t make sense either way. Apr 20, 2013 10:25 AM PT

What's Next: Civilian Criminal Trial for Marathon Bombing Suspect

The Obama administration has placed Boston terrorist suspect Dzokhar Tsarnaev in federal custody with plans to give him a civilian criminal trial in U.S. District Court in Massachusetts. That’s what the Constitution requires, though some will undoubtedly question that decision. Apr 19, 2013 9:25 PM PT

Boston Terrorists Not Right-Wing Americans

We now know the Boston Marathon terrorists were Muslims with roots in Chechnya, the Russian province in an ongoing conflict with Moscow, with a large Muslim population and a history of violent conflict with the Kremlin in a long struggle for independence. They were likely not right-wing Americans, as some on the left had predicted and hoped. Apr 19, 2013 9:59 AM PT

Slate: 'Marriage Equality' Includes Polygamy

For thousands of years, Western Civilization has always recognized three elements to marriage. It is the union of (1) two consenting adults, (2) of opposite sex, (3) who are not close blood relatives. Gay-marriage advocates say the second element can be jettisoned. I’ve always asked why those same people say the first element cannot be touched. Slate believes, “Legalized polygamy in the United States is the constitutional, feminist, and sex-positive choice.” Apr 17, 2013 4:48 PM PT

Supreme Court Denies Review in Flawed Gun Rights Case, Might Take Next One

The Supreme Court has declined to take Kachalsky v. Cacace, what could have been the next big Second Amendment case for the nation. But Kachalsky was a flawed case, and another case with different lawyers might have better chances of building Supreme Court precedent in the right direction. Apr 16, 2013 8:54 AM PT

WA State Atty Gen Violates Christian Florist's Constitutional Rights

A Christian florist in Washington State, who declined to provide flowers for a same-sex wedding because she objects for religious reasons, is being taken to court by Washington Attorney General Bob Ferguson. This case could ultimately lead the U.S. Supreme Court to revisit one of its past mistakes. Apr 12, 2013 1:04 PM PT

GOP's Toomey Breaks with NRA on Gun Control

Toomey is a senator from a swing state, and conservatives are becoming increasingly concerned that he will not be a reliable vote on constitutional issues when the polls suggest popular support for liberal proposals. Apr 10, 2013 12:50 PM PT

'Pregnant Man' Will Take Gay Divorce Fight to Supreme Court

The “pregnant man” wants a divorce, and says he will take his case to the U.S. Supreme Court now that an Arizona court has refused to give him what he wants. This is the first of many such stories Americans will see as the country throws off the historical definition of marriage, redefining it to be any union of consenting adults. Apr 9, 2013 4:32 AM PT

NRA Is Winning Debate on 2nd Amendment

National Rifle Association CEO Wayne LaPierre is locked in a no-holds-barred fight with President Barack Obama over the Second Amendment right to keep and bear arms. Today Fox News Sunday featured top surrogates for both, former Rep. Asa Hutchinson for LaPierre and White House Senior Advisor Dan Pfeiffer for Obama. Apr 7, 2013 2:32 PM PT

What Americans Need to Know About the UN Gun Control Treaty

Today the General Assembly of the United Nations adopted a global gun control treaty called the Arms Trade Treaty. Now the fight begins here at home. There are several things gun owners need to know to protect their constitutional rights. Apr 2, 2013 2:34 PM PT

SCOTUS Rejects Ward Churchill's Final Appeal of Firing

America may have heard the last of disgraced former University of Colorado Professor Ward Churchill, thanks to the U.S. Supreme Court; it declined to review the Colorado Supreme Court's decision to dismiss Churchill's lawsuit stemming from his 2007 firing. Apr 1, 2013 2:34 PM PT


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