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New Article: Government's Obligation To Be Impartial

CONSTITUTION, Supreme Court, Uncategorized | August 8, 2014

The Constitution was adopted amid a belief that government is a public trust.* Does the Constitution require federal and state […]

New Article: Government's Obligation To Be Impartial Read More »

Did Obamacare Violate the Constitution’s Origination Clause? No. . . and Yes

CONSTITUTION, ObamaCare, Supreme Court, Uncategorized | August 5, 2014

Note: This a modified version of an article that appeared at The American Thinker. Two years ago, the Supreme Court

Did Obamacare Violate the Constitution’s Origination Clause? No. . . and Yes Read More »

How Much Authority Does Congress Have Under the Treaty Power? The Question the Supreme Court Dodged in Bond v. U.S.

CONSTITUTION, Supreme Court, Uncategorized | July 20, 2014

In its recent decision in Bond v. United States, the Supreme Court avoided deciding whether Congress, in executing a treaty,

How Much Authority Does Congress Have Under the Treaty Power? The Question the Supreme Court Dodged in Bond v. U.S. Read More »

The Dark Side of Hobby Lobby: Contraceptive Coverage as a ‘Compelling Government Interest’

CONSTITUTION, ObamaCare, Supreme Court | July 14, 2014

Note: This item originally appeared at the website of The American Thinker. The Hobby Lobby case is being hai​led by

The Dark Side of Hobby Lobby: Contraceptive Coverage as a ‘Compelling Government Interest’ Read More »

More evidence that “progressivism” increasingly is totalitarianism

CONSTITUTION | July 7, 2014

Early this year in The American Thinker and in this column I discussed state marijuana legalization and federalism. I cautioned

More evidence that “progressivism” increasingly is totalitarianism Read More »

Book Review: James Madison: A Life Reconsidered, by Lynn Cheney (Viking, 2014)

CONSTITUTION, Uncategorized | July 4, 2014

After some truly painful reading experiences, I’ve  become skeptical of history books written by celebrities. Lynn Cheney is the wife

Book Review: James Madison: A Life Reconsidered, by Lynn Cheney (Viking, 2014) Read More »

Problems in the Recess Appointments Case (Even though Rob was cited again)

CONSTITUTION, Supreme Court, Uncategorized | June 29, 2014

(This article originally appeared in The American Thinker.) I applaud the result of the recess appointments case and I am

Problems in the Recess Appointments Case (Even though Rob was cited again) Read More »

Conservatives need to support trial by jury, too

CONSTITUTION | June 18, 2014

Although I’ve often criticized the constitutional tone-deafness of “progressives,” conservatives can sometimes exhibit such tendencies as well. Over at The

Conservatives need to support trial by jury, too Read More »

Momentum for an Amendments Convention Accelerates Even More

Article V, CONSTITUTION, Uncategorized | June 15, 2014

Well over a hundred state lawmakers from 33 states met this past week to plan for an Article V “Convention

Momentum for an Amendments Convention Accelerates Even More Read More »

Momentum for Amendments Convention Accelerates

Article V, CONSTITUTION | June 5, 2014

It increasingly looks like a “convention for proposing amendments” is really going to happen. The last 18 months have witnessed

Momentum for Amendments Convention Accelerates Read More »

The Results Are In: The Obamacare “Penalty” Didn’t Violate the Origination Clause, but Obamacare’s Regulations Did

CONSTITUTION, ObamaCare, Supreme Court, Uncategorized | May 20, 2014

Is the penalty for not buying insurance in the Affordable Care Act (ACA—Obamacare) unconstitutional as a “tax” that originated in

The Results Are In: The Obamacare “Penalty” Didn’t Violate the Origination Clause, but Obamacare’s Regulations Did Read More »

Town of Greece Case Returns the Establishment Clause To Its Original Meaning

CONSTITUTION, Supreme Court, Uncategorized | May 15, 2014

Last week I reported on Justice Thomas’ citation of my work in his concurring opinion in Town of Greece v.

Town of Greece Case Returns the Establishment Clause To Its Original Meaning Read More »

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