“Progressives” challenging U.S. Constitution’s adoption should look in their own backyard
State constitutions written or favored by “progressives” also have been proclaimed under dubious circumstances.
New case shows the Supreme Court’s defense of constitutional federalism is only tepid
. . . Those who adopted the Constitution understood that governance of recreational activities, such as sports, was reserved to the states. Regulation of in-state gambling, like other moral issues, similarly was outside the federal sphere.
New case shows the Supreme Court’s defense of constitutional federalism is only tepid Read More »
Are recent “rescissions” of Article V applications valid?
“The preambles of seven of the nine rescissions show they were based on material mistakes of law and fact.
Are recent “rescissions” of Article V applications valid? Read More »
Missouri court gets it right on constitutional amendment law
“The courts have a long record of applying constitutional amendment law accurately and fairly.”
Missouri court gets it right on constitutional amendment law Read More »
What does it mean for the Senate to give Its “Advice and Consent?”
“During the 18th century, when “advice” . . . appeared in the same phrase with the preposition “with,” the word meant deliberation or consideration.”
What does it mean for the Senate to give Its “Advice and Consent?” Read More »
II Court Brief Uphold’s Founders’ View of Electoral College
But a “friend of the court” brief filed by the Independence Institute has shredded one of the key defenses.
II Court Brief Uphold’s Founders’ View of Electoral College Read More »
New article shows how 18th century law helps us understand the Constitution
“Living Constitutionalists” sometimes claim erroneously that recovering the Constitution’s original meaning is impractical.
New article shows how 18th century law helps us understand the Constitution Read More »
Why constitutional commentators need to know Latin
The lack of a Latin requirement . . . has encouraged people to become constitutional commentators who are more interested in advancing political agendas than sound constitutional law.
Why constitutional commentators need to know Latin Read More »
Impeachment: What did the Founders mean by “High Misdemeanors?”
A president . . . is subject to impeachment and removal for dishonesty, disloyalty, negligence, and the like. But he is not impeachable merely for mistakes in policy or reasonable disagreements over interpretation of the law.
Impeachment: What did the Founders mean by “High Misdemeanors?” Read More »
Tenure is for university researchers, not for teachers without research duties
You hear much about the ideal university as a place of free and open inquiry. The historical record is far more sordid.
Tenure is for university researchers, not for teachers without research duties Read More »
What Happens to America’s International Treaty Obligations When States “Legalize” Pot?
….. before the Constitution was signed . . . states passed laws violating the 1783 treaty with Britain . . . .
What Happens to America’s International Treaty Obligations When States “Legalize” Pot? Read More »
The Founders’ promises about what the Federal Government could NOT do
Functions outside the federal sphere were to include “social services, education, criminal law, civil justice, land use, and others.”
The Founders’ promises about what the Federal Government could NOT do Read More »