In issuing his latest directive, the governor missed opportunities to quit being an autocrat and start being a statesman.
Latest COVID orders layer chaos over confusion, add to risk Read More »
The Constitution’s flexibility in emergency is why the late Justice Robert H. Jackson once said, “The Constitution is not a suicide pact.” But emergencies do not cause the Constitution to vanish.
COVID-19 and the Constitution Read More »
“[A]nother mistake is that because an amendments convention executes a federal function, Congress can control it. But . . . the rules and protocols for carrying out federal functions come from the Constitution, not from Congress.”
New article shows how amendments conventions and other “federal functions” are regulated Read More »
Colorado’s orders are classic examples of infringements of fundamental rights that are both overbroad and underinclusive—and therefore unconstitutional.
New court ruling exposes unconstitutionality of Colorado lockdown orders Read More »
“… when Hamilton stated . . . that he believed electors would use “information and discernment,” that is not very good evidence that future electors did in fact use information and discernment. But it is quite good evidence that Hamilton and his readers believed the Constitution empowered electors to do so.”
A defense of the Electoral College Read More »
No free people should concede to any unelected agencies the kind of power Colorado state law now grants its state and county health departments.
Unelected officials shouldn’t have such power; a proposal for reform Read More »
