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

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

Christians and Religious Liberty in America on Easter Sunday, 2013

The nature of constitutional law is such that when I litigate or file briefs on religious liberty issues, I survey and cite to the Supreme Court’s decisions and religious liberty historical facts in this country going back to when the Constitution and Bill of Rights were first adopted. Mar 31, 2013 6:13 PM PT

SCOTUS: DOMA's Fate in Kennedy's Hands

The woman who brought this lawsuit, Edith Windsor, argues along with most of the gay rights community that DOMA fails because it has no rational basis. In other words, when a supermajority of Democrats and Republicans in both the House and Senate voted for DOMA—and Democrat Bill Clinton signed it—they were literally irrational. They were driven by fear or animus—meaning malicious hostility or even hatred. Mar 27, 2013 8:30 PM PT

Prop 8 Case: Roberts as Swing Vote Again?

The likely swing vote on this issue of “standing” is Chief Justice John Roberts. Kennedy tipped his hand that he might regard the official sponsors of Prop 8—which the California Supreme Court unanimously held are empowered by the California Constitution to defend the measure in court—as meeting the U.S. Constitution’s requirements for the lawsuit to proceed. Roberts, however, didn’t tip his hand one way or the other, so it’s not clear whether there are enough votes to move forward to decide the merits of the case. Mar 26, 2013 5:42 PM PT

SCOTUS Considers Same-Sex Marriage, Part II: U.S. v. Windsor

A host of cases have been filed against Section 2 and Section 3 in lawsuits across the country. This one involves two lesbians who married in Canada in 2007. In 2009 one of the women, Thea Clara Spyer, died while they were living in New York, and the surviving partner had to pay federal taxes on her estate. The survivor, Edith Windsor, sued, saying that the federal government should recognize their Canadian marriage and give her the spousal exemption on this tax. Mar 26, 2013 1:23 PM PT

SCOTUS Considers Same-Sex Marriage, Part I: Hollingsworth v. Perry

The Supreme Court will hear two historic cases this week on marriage: Hollingsworth v. Perry and United States v. Windsor. And they could fundamentally transform American society. The issue in Hollingsworth is why we have a written Constitution at all. Instead of being about fairness and equality, the Constitution is about limited government. Mar 25, 2013 7:35 PM PT

George Will, DOMA, and Polygamy

Dr. George Will is a respected social scientist and acclaimed writer, but he’s not a lawyer. And he shows it by suggesting the Defense of Marriage Act (DOMA) is unconstitutional as the Supreme Court prepares to hear a challenge to that federal statute this week in U.S. v. Windsor. Mar 24, 2013 1:32 PM PT

Obama Cries Foul on Senate Rejecting Judicial Nominee

Breitbart News previously reported on the Senate rejecting Caitlin Halligan’s nomination to be a judge on the U.S. Court of Appeals for the District of Columbia Circuit. Now Halligan has withdrawn her nomination, and President Barack Obama is outraged that senators are now doing what he himself did when he was a Senator. Mar 23, 2013 5:00 PM PT

Fact Check: Lawsuit on AZ Denying Drivers Licenses to Illegal Aliens

Arizona Gov. Jan Brewer is in the news again. She issued an executive order to state employees at the Dept. of Motor Vehicles (DMV) not to issue driver licenses to illegal aliens whose deportations have been suspended by President Barack Obama’s executive order. Now some illegal aliens have sued, demanding to be issued those licenses. Mar 22, 2013 5:49 PM PT

NRA Sues NY Gov. Cuomo on Gun-Control Law

The lawsuit challenges two provisions of Cuomo’s new gun-control law: one that bans a made-up type of firearm some politicians call “assault weapons” (there is no such type of firearm--it’s a collection of various types of guns that look scary but function like ordinary guns), and also the provision that bans ammunition magazines that hold more than seven rounds. Mar 22, 2013 1:36 PM PT

Ted Cruz Rocks CPAC: Constitutional Expert with Conservative Passion

There were high expectations for Sen. Ted Cruz's keynote address at CPAC 2013, and he delivered. As a young, passionate Hispanic who happens to be one of the most brilliant and accomplished constitutional experts and Supreme Court lawyers in the U.S. Senate in over half a century, Cruz poses a clear frustration for the left—and some in the Republican establishment as well. Mar 18, 2013 2:09 PM PT

Dr. Ben Carson Rallies Conservatives at CPAC, Hints at White House Run

A new potential contender for the presidential race for 2016 took the stage at CPAC. His name is Ben Carson, a brain surgeon and American success story, carrying a message that wows the GOP base while intriguing swing voters, showcasing a broad-based appeal that could make him a force to be reckoned with. Mar 16, 2013 4:05 PM PT

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