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  • Bibliography – Books and Articles
  • Adoption of the Montana Constitution
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Justice Thomas again shows he’s the Supreme Court’s only consistent originalist

CONSTITUTION, Supreme Court | February 25, 2019

Although Justice Thomas agreed that the protection against excessive fines applies to the states, he was the only member of the court to do so on plausible originalist grounds.

Justice Thomas again shows he’s the Supreme Court’s only consistent originalist Read More »

How academia connived with Elizabeth Warren’s “Cherokee” fabrication

CONSTITUTION | February 18, 2019

Warren’s case is unusual because her employers waived not only practice experience but also prevailing academic standards.

How academia connived with Elizabeth Warren’s “Cherokee” fabrication Read More »

Justice Ginsburg’s possible incapacity and the case for term limits

CONSTITUTION, Supreme Court | February 11, 2019

A better constitutional amendment would be one permitting each justice a single long term—for example, 16 years—without possibility of re-appointment.

Justice Ginsburg’s possible incapacity and the case for term limits Read More »

Point by point response to one of those anti-convention op-eds

Uncategorized | February 7, 2019

Some of the authors are academics . . . . But they all have two attributes in common: None has ever published independent research on Article V, and none displays any knowledge of recent scholarship on the subject.

Point by point response to one of those anti-convention op-eds Read More »

Why the “National Popular Vote” scheme is unconstitutional

CONSTITUTION, NATIONAL POPULAR VOTE | February 4, 2019

NPV . . . with or without congressional approval . . . violates a central principle of constitutional law.

Why the “National Popular Vote” scheme is unconstitutional Read More »

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