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New evidence on the meaning of the Necessary and Proper Clause

CONSTITUTION | April 21, 2019

“. . . .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

CONSTITUTION | April 17, 2019

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

CONSTITUTION | April 15, 2019

“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[?].”

The founder who told Americans we have a right to military weapons Read More »

New evidence on the “Power To . . . regulate . . . Commerce”

CONSTITUTION | April 9, 2019

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

CONSTITUTION | April 8, 2019

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

CONSTITUTION, TABOR | April 8, 2019

[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

CONSTITUTION, Supreme Court | April 5, 2019

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

CONSTITUTION | April 1, 2019

Arms-length market transactions simply are not “emoluments” as the Constitution uses the word.

Time to end the “emoluments” lawsuits against Trump Read More »

More news on the Constitution’s ratification: the meaning of “militia” in the Second Amendment

CONSTITUTION | March 28, 2019

This passage leaves nothing to inference: Coxe states explicitly that the militia consists of every man from 16 to 60 years of age.

More news on the Constitution’s ratification: the meaning of “militia” in the Second Amendment Read More »

News on the Constitution’s ratification: More evidence the feds are exceeding their powers

CONSTITUTION | March 27, 2019

The Constitution created a strictly limited central government, which . . . would have no authority over religion, most criminal offenses, civil justice, social services, education, or most aspects of transportation or the economy.

News on the Constitution’s ratification: More evidence the feds are exceeding their powers Read More »

Pelosi wants to lower the voting age to 16; it should be raised to 25

CONSTITUTION | March 25, 2019

Science has discovered that the brain does not fully mature until age 25 . . . The record of governance in most countries that allow 16 year olds to vote—Brazil, Nicaragua, Argentina, etc.—has been truly wretched.

Pelosi wants to lower the voting age to 16; it should be raised to 25 Read More »

How a court imposed a state constitution the voters probably didn’t ratify

CONSTITUTION | March 18, 2019

In 1972, the Montana Supreme Court decided one of the most important state constitutional cases in modern American history. By

How a court imposed a state constitution the voters probably didn’t ratify Read More »

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