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 »
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 »
The idea of a balanced budget amendment to the U.S. Constitution (BBA) has been highly popular since the 1970s. Yet
How Should We Draft a Balanced Budget Amendment? Read More »
Observe how many of the Left’s ideological buttons the plaintiff’s lawyers pushed: non-profit, recycling, mandatory government fee, poverty, disabilities, environment—and that interminably-overused mantra: community.
If you want to win a Supreme Court case, it helps to play to “progressive” values Read More »
But Citizens United included a second decision, one rarely mentioned. In this part of the case, the court upheld federal laws requiring contributors to political ads to publicly reveal their names. Unlike the first ruling, the second was a constitutional mistake. Although the court has since reaffirmed its position, it should promptly reconsider.
With due respect to the Supreme Court, some campaign finance laws are unconstitutional Read More »
“This latest convention of states operated according to standard convention of states protocols.”
The last convention of states ever held? It Centered on the Upper Colorado River Read More »
I recently obtained the records of what may be the last convention of states held before the gathering in Phoenix
The Supreme Court’s decision this week in Matal v. Tam sent a clear warning to government officials who seek to curtail speech
Supreme Court’s Ruling Against the PC Police Read More »
Legal commentators have spread a good deal of ink trying to show that the Constitution authorizes the enormous expansion of
The Define and Punish Clause doesn’t authorize vast federal power either Read More »
Although there were scattered antecedents, “runaway convention” claims and certain associated myths were first distributed widely during the 1960s and
The Runaway Convention Myth: How Two Leading Newspapers Promoted It Read More »
Although there were scattered antecedents, “runaway convention” claims and certain associated myths were first distributed widely during the 1960s and
Fake News: How Leading Liberal Newspapers Spread the “Runaway Convention” Story Read More »
In this short essay, constitutional historian Rob Natelson thumbnails the three-centuries long history of “conventions of the states.” When delegations
The Convention of States in American History Read More »
