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Obamacare is NOT “necessary and proper”

CONSTITUTION, ObamaCare, Uncategorized | June 5, 2011

The Independence Institute has filed amicus briefs in two of the anti-Obamacare cases.  The briefs focus specifically on the Necessary […]

Obamacare is NOT “necessary and proper” Read More »

Yes, you can vote on taxes and laws in a republic!

CONSTITUTION, TABOR, Uncategorized | May 27, 2011

Despite what you may have heard, allowing people to vote on taxes and other laws is completely consistent with the

Yes, you can vote on taxes and laws in a republic! Read More »

GOP blocks Liu from federal judgeship

CONSTITUTION | May 22, 2011

There has been much attention recently on the Republican decision to block President Obama’s nomination of law professor Goodwin Liu

GOP blocks Liu from federal judgeship Read More »

Does the Necessary and Proper Clause Grant “Broad Authority” to Congress? Actually, None at All

CONSTITUTION, ObamaCare, Uncategorized | May 18, 2011

Probably no part of the Constitution has been so misunderstood as the Necessary and Proper Clause, which is located at

Does the Necessary and Proper Clause Grant “Broad Authority” to Congress? Actually, None at All Read More »

What about Interstate Compacts? A frank look at the problems

Article V, CONSTITUTION, ObamaCare | May 12, 2011

In recent months, there has been interest in states forming compacts with each other to opt out of ObamaCare or

What about Interstate Compacts? A frank look at the problems Read More »

Constitutional powers the states have, and the feds do not

CONSTITUTION, Uncategorized | May 8, 2011

The Constitution enumerates the power of the federal government—but are there authoritative lists of those powers reserved to the states

Constitutional powers the states have, and the feds do not Read More »

The importance of being “natural born”

CONSTITUTION, Uncategorized | April 28, 2011

The Constitution’s Framers thought deeply about the qualifications for federal office. Those qualifications are in the Constitution for very good

The importance of being “natural born” Read More »

Control of the state courts—the latest federal takeover target?

CONSTITUTION, Uncategorized | April 6, 2011

[T]his bill . . . is an attack on state courts and on the civil jury system itself.

Control of the state courts—the latest federal takeover target? Read More »

Is health insurance “Commerce among the States?”

CONSTITUTION, ObamaCare, Supreme Court, Uncategorized | March 30, 2011

Behind the current constitutional debates over ObamaCare, there is an assumption that Congress has power to regulate health insurance as

Is health insurance “Commerce among the States?” Read More »

Obama’s Libyan Operations are Unconstitutional

CONSTITUTION, Uncategorized | March 24, 2011

You can sympathize with the humanitarian motives of our Libyan intervention while still doubting its constitutionality. The Constitution prescribes the

Obama’s Libyan Operations are Unconstitutional Read More »

The Constitution and Property Rights

CONSTITUTION, Uncategorized | March 21, 2011

It is sometimes suggested that the Founders did not consider property rights important because the term “property” was mentioned only

The Constitution and Property Rights Read More »

Corrective Constitutional Amendments?

Article V, CONSTITUTION, Uncategorized | March 20, 2011

“A state without the means of some change is without the means of its conservation. Without such means it might

Corrective Constitutional Amendments? Read More »

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