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

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

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


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