Thank goodness for the First Amendment
We just returned from Britain, where there is chilling discussion about imposing more regulation on the press. The occasion is […]
Thank goodness for the First Amendment Read More »
Obamacare and “Commerce:” Does A Include Not-A?
On the eve of the Supreme Court’s decision over Obamacare’s individual mandate, attention is been focused on the challengers’ argument
Obamacare and “Commerce:” Does A Include Not-A? Read More »
In modern politics, the “extremists” are usually those labeling others with that word
A key Democratic Party tactic being used against incumbent Republican Congressman Mike Coffman (R.-Colo.) is to brand him an “extremist.”
In modern politics, the “extremists” are usually those labeling others with that word Read More »
Hey, if Elizabeth Warren is Indian, then maybe I am, too!
I confess to a several personal emotions in reaction to the Elizabeth Warren case. Elizabeth Warren, if you recall, is
Hey, if Elizabeth Warren is Indian, then maybe I am, too! Read More »
Another Federal Real Estate Screw-Up
One of the clearest messages from the American Founding was that the Constitution left regulation of private land within state boundaries
Another Federal Real Estate Screw-Up Read More »
Original Intent, Original Understanding, Original Meaning
It is often said that the Constitution should be interpreted according to its “original intent, “original understanding,” or “original meaning.”
Original Intent, Original Understanding, Original Meaning Read More »
The disastrous student loan mess
You have to wonder how many other things the federal government will louse up before people demand a return to
The disastrous student loan mess Read More »
New History of Founding Era Conventions
Very few people know that the Constitutional Convention of 1787 only the last of nearly 20 other conventions in which
New History of Founding Era Conventions Read More »
The Constitution’s officers
Proceeding on the very reasonable theory that the Founders knew what they were doing . . . Seth Barrett Tillman has spent considerable effort reconstructing the meanings of different office/officer phrases.
The Constitution’s officers Read More »
Did the Founders expect the Courts to Declare Laws Unconstitutional?
Every so often I’m asked whether the Founders anticipated judicial review. In other words, whether the Founders expected the courts
Did the Founders expect the Courts to Declare Laws Unconstitutional? Read More »
"How could a former con law professor be so ignorant?"
Quite a few people have asked me how President Obama, as a “former constitutional law professor,” could prove so ignorant
"How could a former con law professor be so ignorant?" Read More »
The fatuous "uniqueness" argument for the constitutionality of Obamacare
Obamacare’s supporters argue that the individual mandate is justified because the health care market is unique—it’s something that everyone uses,
The fatuous "uniqueness" argument for the constitutionality of Obamacare Read More »