Rob’s Harvard Article on “Recess Appointments” Is Published—and Goes to the Supreme Court
Last May, I reported that litigation over President Obama’s “recess appointments” was going to the Supreme Court. In fact, oral […]
Struggling With Nullification
Does a state have the right to nullify federal statutes the state considers unconstitutional? This depends largely on how you
Struggling With Nullification Read More »
Obaminable Nullification & Division Among Constitutionalists
“Progressives” often attack as indefensible proposals by some conservatives that states nullify federal laws those states deem unconstitutional. But “progressive”
Obaminable Nullification & Division Among Constitutionalists Read More »
The Santa Fe Convention: A 20th Century Convention of States
For over 300 years, American states (and before Independence, American colonies) have cooperated with each other as equal sovereigns to
The Santa Fe Convention: A 20th Century Convention of States Read More »
The Framers’ Bloopers
The Constitution’s Framers were very great men, but they were not gods. They made mistakes. By “mistakes,” I’m not talking
The Framers’ Bloopers Read More »
Lessons For Federalism from Colorado’s Pot “Legalization”
(An earlier version of this post appeared on the website of The American Thinker.) It’s ironic that one of the
Lessons For Federalism from Colorado’s Pot “Legalization” Read More »
Bennett-Burr “Bipartisanship” = Yet Another Federal Power Grab
When politicians start talking about “bi-partisan cooperation,” smart citizens get nervous. It usually means another transfer of freedom and taxes
Bennett-Burr “Bipartisanship” = Yet Another Federal Power Grab Read More »
A Summary of How States Push Back Against Washington
The Cato Institute has published a new paper by Professor John Dinan that summarizes all the credible ways in which
A Summary of How States Push Back Against Washington Read More »
How the Contracts Clause was gutted—and how SCOTUS’ early efforts to correct this have been ignored
The Constitution lists several things states may not do. Article I, Section 10 provides that “No State shall . .
The Meaning of the Commerce Power and Congress’s and the Courts’ Use (And Abuse) Of It
Are you interested in the true meaning of, and limits on, the Constitution’s much-abused Commerce Power? In a speech at
The Meaning of the Commerce Power and Congress’s and the Courts’ Use (And Abuse) Of It Read More »
Politicos Pigging Out on the Cash You Pay for Gas
The Framers drafted the Constitution to grant Congress some powers to construct infrastructure. For example, the Commerce Clause, as originally
Politicos Pigging Out on the Cash You Pay for Gas Read More »
A Question: Where Did the Story Get Started that Most of the Founders were Deists?
It is a common claim that most of the Founders were deists. (A deist is a person who believes that
A Question: Where Did the Story Get Started that Most of the Founders were Deists? Read More »