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New article shows how 18th century law helps us understand the Constitution

CONSTITUTION, Eminent Domain, ObamaCare, Supreme Court | July 10, 2018

“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

CONSTITUTION | June 29, 2018

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?”

CONSTITUTION | June 19, 2018

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

CONSTITUTION | June 15, 2018

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?

CONSTITUTION | June 10, 2018

….. 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

CONSTITUTION | June 3, 2018

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 »

The U.S. Post Office: the Constitution’s odd nod to socialism

CONSTITUTION | June 1, 2018

What does the Postal Power tell us about congressional delegation to administrative agencies?

The U.S. Post Office: the Constitution’s odd nod to socialism Read More »

Colorado Supreme Court issues 2nd anti-TABOR decision in less than a month—showing why we need reform!

Colorado Constitution, CONSTITUTION, TABOR | May 24, 2018

The Colorado Supreme Court has continued its demolition campaign against the Colorado Taxpayer’s Bill of Rights (TABOR) with a new

Colorado Supreme Court issues 2nd anti-TABOR decision in less than a month—showing why we need reform! Read More »

New information on the Constitution’s ratification — Part III: Vermont

CONSTITUTION | May 13, 2018

New Hampshire was, and is, quite a small state, but its ratification was particularly significant.

New information on the Constitution’s ratification — Part III: Vermont Read More »

New Study: only one state away from a convention to propose a balanced budget amendment

Article V, CONSTITUTION | May 9, 2018

The Constitution says that “on the Application of the Legislatures of two thirds of the several States, [Congress] shall call

New Study: only one state away from a convention to propose a balanced budget amendment Read More »

New information on the Constitution’s ratification — Part II: New Hampshire

CONSTITUTION | May 6, 2018

New Hampshire was, and is, quite a small state, but its ratification was particularly significant.

New information on the Constitution’s ratification — Part II: New Hampshire Read More »

New information on the Constitution’s ratification — Part I: South Carolina

CONSTITUTION | May 3, 2018

. . . if you want to apply the Founders’ own rules of interpretation to the Constitution, the understanding of the ratifiers is most important.

New information on the Constitution’s ratification — Part I: South Carolina Read More »

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