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What would America look like with an originalist Supreme Court?

CONSTITUTION, Supreme Court | March 18, 2019

Originalism is the prevailing method of interpreting almost all legal documents. An originalist is simply a person who believes we should use the same principles to interpret the Constitution

What would America look like with an originalist Supreme Court? Read More »

The name “Montana”—from ancient Rome via Colorado

CONSTITUTION | March 12, 2019

In 1858, gold miners established [a] town located near present-day Commerce City, Colorado. One of their number , , , suggested they call their settlement “Montana.” They agreed.

The name “Montana”—from ancient Rome via Colorado Read More »

A wall against socialism

Article V, CONSTITUTION | March 11, 2019

If the Convention of States movement is successful, it will ensure that demagogues can never impose socialism in America.

A wall against socialism Read More »

Advocates of American socialism need to learn some lessons

CONSTITUTION, Uncategorized | March 4, 2019

British socialism as promoted by Bernard Shaw and his fellow “Fabians” was perhaps the gentlest form of socialism on the planet. Yet, this passage reads as if it were composed by Hitler.

Advocates of American socialism need to learn some lessons Read More »

Rob Natelson Talks National Popular Vote

CONSTITUTION, NATIONAL POPULAR VOTE | March 4, 2019

Constitutional scholar and author Rob Natelson sits down with guest host Mike Krause to discuss the national popular vote scheme being cooked up in Colorado.

Rob Natelson Talks National Popular Vote Read More »

Give our votes to California via National Popular Vote?NO WAY!

CONSTITUTION, NATIONAL POPULAR VOTE | March 1, 2019

Give our votes to New York and California? No way!

Give our votes to California via National Popular Vote?NO WAY! Read More »

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 »

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 »

What Is Originalism?

CONSTITUTION | January 28, 2019

Today the only consistent originalist on the Supreme Court is Justice Clarence Thomas.

What Is Originalism? Read More »

Assessing the Ted Cruz term limits proposal

Article V, CONSTITUTION | January 28, 2019

The only way the states could consider ratifying a term limits amendment would be for a convention of the states to propose it.

Assessing the Ted Cruz term limits proposal Read More »

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