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The Mayflower Compact and “consent of the governed” are now 400 years old

CONSTITUTION | January 29, 2020

Self-government is at the heart of the American experiment. Historically, it is far more important than some other institutions (such as slavery) that [receive] more attention . . . . .

The Mayflower Compact and “consent of the governed” are now 400 years old Read More »

How much power may Congress delegate to federal agencies?

CONSTITUTION | January 28, 2020

[T]he search for a single “non-delegation” principle applicable to all congressional powers is a futile one. Instead, the scope of permissible delegation of any particular congressional power must be sought in the meaning of the words describing that power.

How much power may Congress delegate to federal agencies? Read More »

Rob Natelson’s Comment on Jon Caldara and the Denver Post

CONSTITUTION | January 23, 2020

Newsflash for woke “journalists:” Conservatives and libertarians, like others, are entitled speak in their own voices. Not in yours or anyone else’s.

Rob Natelson’s Comment on Jon Caldara and the Denver Post Read More »

Will the Supreme Court strike down bigoted state constitutional rules?

CONSTITUTION, School Choice | January 12, 2020

[T]he history of anti-sectarian clauses shows that “sectarian” is not a synonym for “religious” and anti-sectarian clauses were not designed merely to discriminate against religion. Instead, they were designed to discriminate in favor of some religions and against others.

Will the Supreme Court strike down bigoted state constitutional rules? Read More »

Where were all the Constitution’s defenders when the feds raised the smoking age?

CONSTITUTION, Supreme Court | January 7, 2020

[S]etting minimum consumption ages is not a power the Constitution grants the federal government. The Constitution reserves it to the states.

Where were all the Constitution’s defenders when the feds raised the smoking age? Read More »

What the “expert” panel should have told you about impeachment—but didn’t

CONSTITUTION | January 6, 2020

Impeachment law is not for amateurs. It rests on English parliamentary history extending at least as far back as the 1300s. . . .

What the “expert” panel should have told you about impeachment—but didn’t Read More »

Under the Constitution the President, not unelected bureaucrats, makes foreign policy

CONSTITUTION | January 3, 2020

These witnesses and their congressional sponsors apparently believe the consensus of professionals should control foreign policy. . . . But the Constitution squarely repudiates this “foreign policy by committee” approach.

Under the Constitution the President, not unelected bureaucrats, makes foreign policy Read More »

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