The Anti-U.S. Origins of a Key Argument Against Letting the People Vote on Laws and Taxes
Opponents of popular government, such as those now challenging Colorado’s Taxpayer Bill of Rights (TABOR), argue that when a state […]
Neat Stuff We Learn About the Constitution When We Go Beyond The Federalist Papers
If you want to know more about the Constitution, don’t rely exclusively—or even primarily—on the Federalist Papers. For a good
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Constitutional Arcana: The Forgotten Navigation Convention of 1786
In an earlier post, I reported that the Constitutional Convention of 1787 was far from unique: that during the lifetime
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TABOR Endangered?
Die-hards attacking Coloradans’ constitutional right to personally vote on tax increases won an unexpected victory in federal court when Judge
Yes, the Supreme Court’s Medicaid Decision was Good Contract Law
In NFIB v. Sebelius (the Obamacare decision) a 7-2 majority voided that part of the law that required states to
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Obamacare Decision Suggests U.S. Malpractice Bill Unconstitutional
Little-noticed amid the commentary on the Supreme Court’s health care decision is the decision’s blow to congressional efforts to federalize
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New Article: James Madison, Federal Overreaching, and Amendments Conventions
The writings of James Madison still offer useful guidance for states seeking to restrain federal overreaching. Akron Law Review has
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A Colonial Pamphlet Helps Show Why the Constitution’s Necessary and Proper Clause Granted No Power
Learn more: Hear a podcast on this subject. As I have noted before (for example, here and here) pamphlets written
Montana Supreme Court’s “History” Turns Out To Be Weak
The Montana Supreme Court won praise for its recitation of history in its recent corporate finance case, Western Tradition Partnership
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Defects in the Supremes' holding that the Obamacare penalty is a "tax"
For a podcast covering this subject in more detail, click here. Under the Constitution’s original meaning, the Supreme Court’s holding
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New “how to” paper on proposing constitutional amendments by convention
The Independence Institute has published my new Issue Paper, Amending the Constitution by Convention: Practical Guidance for Citizens and Policymakers.
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