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Constitutional Convention: John Jay Letter Shows Its Power Came from State Legislatures, not Congress

Article V, CONSTITUTION | January 14, 2017

A persistent constitutional myth has it that (1) Congress called the Constitutional Convention under the Articles of Confederation, (2) the […]

Constitutional Convention: John Jay Letter Shows Its Power Came from State Legislatures, not Congress Read More »

How to Replace Justice Scalia on the Supreme Court

CONSTITUTION, Supreme Court | January 12, 2017

President-Elect Trump says he wants to nominate a justice like the late Antonin Scalia to the U.S. Supreme Court. That

How to Replace Justice Scalia on the Supreme Court Read More »

TABOR: All About the Taxpayer’s Bill of Rights

Colorado Constitution, CONSTITUTION, TABOR | January 9, 2017

Rules limiting the legislature’s ability to tax, spend, and/or incur debt appear in the U.S. Constitution and in the constitutions

TABOR: All About the Taxpayer’s Bill of Rights Read More »

Yes, Mr. President—You Must Enforce Laws You Don’t Like

CONSTITUTION, Uncategorized | January 3, 2017

Must the president enforce laws he doesn’t like? The answer to this question lies in the Constitution’s phrase that the president “take Care that the Laws be faithfully executed.”

Yes, Mr. President—You Must Enforce Laws You Don’t Like Read More »

American Colonies: Mostly Private Enterprise

CONSTITUTION | December 11, 2016

Too many of us who are enthusiastic about space exploration and colonization expect the federal government to lead the way.

American Colonies: Mostly Private Enterprise Read More »

Electoral College: Answers to Questions

CONSTITUTION, Supreme Court | December 11, 2016

Here are answers to some questions I’ve gotten about the Electoral College since Election Day: Q. What is the Electoral

Electoral College: Answers to Questions Read More »

Ebenezer Hazard: Forgotten Founder

CONSTITUTION, Uncategorized | December 6, 2016

An earlier version of this article first appeared in Townhall.com. When we celebrate leading American founders such as George Washington and

Ebenezer Hazard: Forgotten Founder Read More »

Did Congress Approve the Constitution? A Member’s Letter Says “Yes”

Article V, CONSTITUTION | November 28, 2016

Some people argue the Constitution was adopted illegally. They assert that the Confederation Congress needed to approve the document, but

Did Congress Approve the Constitution? A Member’s Letter Says “Yes” Read More »

For our Montana viewers… on the Montana Supreme Court

CONSTITUTION, Uncategorized | November 7, 2016

Because of a contested election for the Montana Supreme Court, I’m making available again a study of the court’s odd recent history.

For our Montana viewers… on the Montana Supreme Court Read More »

This Resolution Suggests Congress Did Agree to a Broad Constitutional Convention

Article V, CONSTITUTION | October 27, 2016

On April 23, 1787, the Confederation Congress extended the post office franking privilege to all commissioners about to attend the

This Resolution Suggests Congress Did Agree to a Broad Constitutional Convention Read More »

Changed Conditions May Justify Term Limits

Article V, CONSTITUTION, Supreme Court, Uncategorized | October 18, 2016

This is the full version of an op-ed  first appearing in the Detroit Daily News. Advocates for term limits want to

Changed Conditions May Justify Term Limits Read More »

What should you remember when drafting a constitutional amendment?

Article V, CONSTITUTION, Uncategorized | October 16, 2016

Last month, Citizens for Self Governance sponsored a simulated convention for proposing amendments in Williamsburg, Virginia. I was an adviser

What should you remember when drafting a constitutional amendment? Read More »

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