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Third in a Series: John Dickinson During the Continental and Confederation Periods

CONSTITUTION | October 29, 2017

Dickinson was one of the few to free his own slaves during his lifetime.

Third in a Series: John Dickinson During the Continental and Confederation Periods Read More »

Second in a Series: The Message of the Farmer Letters

CONSTITUTION | October 24, 2017

“We cannot be happy without being free,” Dickinson wrote in Farmer Letter XII. “We cannot be free without being secure in our own property … We cannot be secure in our property, if, without our consent, others may take it away.”

Second in a Series: The Message of the Farmer Letters Read More »

First In a Series: John Dickinson Comes Into Prominence

CONSTITUTION | October 20, 2017

This year marks the 250th anniversary of one of the most influential series of writings in American history.

First In a Series: John Dickinson Comes Into Prominence Read More »

Rights for a River? An Effort to Undermine Democracy and Make the Law Unfair

CONSTITUTION, Montana Constitution | October 17, 2017

The unstated goal is to change the balance of power among humans—and to undermine democracy and the rule of law.

Rights for a River? An Effort to Undermine Democracy and Make the Law Unfair Read More »

John Dickinson’s ‘Farmer’ Letters on Their 250th Anniversary

CONSTITUTION, Uncategorized | September 22, 2017

The Farmer letters went well beyond asserting the case against taxation without representation; they also helped clarify American constitutional thinking on other questions, including: Which government responsibilities should be exercised centrally and which locally?

John Dickinson’s ‘Farmer’ Letters on Their 250th Anniversary Read More »

Why removing historical monuments is a bad idea

CONSTITUTION | September 20, 2017

[B]ecause almost everyone conforms in most respects to prevailing social practices, disqualification for such conduct is necessarily arbitrary and driven more by politics than by merit.

Why removing historical monuments is a bad idea Read More »

State protection for citizen rights should temper ‘local control’

CONSTITUTION | September 13, 2017

So when is local control good in reality rather than merely as a slogan?

State protection for citizen rights should temper ‘local control’ Read More »

A Response to a “Living Constitutionalist”

CONSTITUTION, Supreme Court | August 24, 2017

. . . law professors often corrupt their understanding of the Constitution with their own political preferences. . .

A Response to a “Living Constitutionalist” Read More »

How a ‘convention of states’ could tweak the Constitution

Article V, CONSTITUTION | August 15, 2017

Representatives of state legislatures from across the nation will converge in Phoenix, Arizona on Sept. 12 to participate in a

How a ‘convention of states’ could tweak the Constitution Read More »

Part II: What Can We Do About Legal Realism and Its Promotion of Judicial Activism?

CONSTITUTION, Supreme Court | July 27, 2017

. . . the problem centers in specific institutions: American law schools and the higher reaches of the judiciary.

Part II: What Can We Do About Legal Realism and Its Promotion of Judicial Activism? Read More »

Part I: Judicial activism: Here’s a core reason for it you’ve never heard about

CONSTITUTION, Supreme Court | July 24, 2017

The Founders erected the American legal system to operate in the context of Anglo-American judicial values. The rules placed expressly or implicitly in the Constitution . . . were designed to operate in that context. However, the context changed.

Part I: Judicial activism: Here’s a core reason for it you’ve never heard about Read More »

Drafting a Balanced Budget Amendment: It’s tougher than you might think

Article V, CONSTITUTION | July 21, 2017

Of course, it is one thing to criticize, but another to try to craft something better.

Drafting a Balanced Budget Amendment: It’s tougher than you might think Read More »

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