The Supreme Court just applied originalism to an Indian treaty, so why not to the Constitution?
This case illustrates how judges apply originalism for almost all legal documents — except the Constitution.
National Popular Vote: Banana republic elections
In the 2006 Nicaraguan election, a plurality of only 38 percent elected socialist Daniel Ortega. Once in office, Ortega did what socialist thugs commonly do: suppress opposition. Nicaragua has not had an honest election since.
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Political discrimination at the University of Colorado
It is . . . literally impossible for traditional Christians, Muslims, and orthodox Jews who take their religion seriously to qualify for many academic positions. They will invariably flunk the litmus test on abortion, same-sex marriage, or both.
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New evidence on the meaning of the Necessary and Proper Clause
“. . . .the powers of this Congress are confined to what is expressly delegated to them”
New evidence on the meaning of the Necessary and Proper Clause Read More »
New evidence on the constitutionality of paper money
I examined how the Constitution was represented to, and understood by, the ratifying public. And that resolved any doubt.
New evidence on the constitutionality of paper money Read More »
The founder who told Americans we have a right to military weapons
“THE POWERS OF THE SWORD ARE IN THE HANDS OF THE YEOMANRY OF AMERICA FROM SIXTEEN TO SIXTY … Who are the militia? are they not ourselves[?].”
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New evidence on the “Power To . . . regulate . . . Commerce”
The three recently-issued Pennsylvania volumes . . . offer virtually no support to the commerce-is-everything school of thought. On the contrary, in the documents reproduced in this volumes “commerce” clearly refers to a concept separate from other economic and non-economic activities.
New evidence on the “Power To . . . regulate . . . Commerce” Read More »
New evidence on the nature of amendments conventions
Some opponents . . . try to communicate that Madison opposed all amendments conventions. This is certainly not true,
New evidence on the nature of amendments conventions Read More »
Brexit isn’t the only example of elites undoing ballot measures
[D]uring the 1970s conservatives began to use initiatives to limit government power. . . . Judges seemed to think this was a threat, and judicial attitudes toward ballot measures began to change.
Brexit isn’t the only example of elites undoing ballot measures Read More »
Some ‘Red Flag’ laws Are unconstitutional—and could kill more people than they save
Some red flag laws ignore traditional safeguards.
Some ‘Red Flag’ laws Are unconstitutional—and could kill more people than they save Read More »
Time to end the “emoluments” lawsuits against Trump
Arms-length market transactions simply are not “emoluments” as the Constitution uses the word.
Time to end the “emoluments” lawsuits against Trump Read More »