Misusing the Post Office and Necessary and Proper Clauses to Justify the Federal Monster State
One way apologists for the modern federal monster state attempt to justify it constitutionally is to argue that the Necessary […]
The Fascinating Story of How the States Used the Constitution’s Amendment Procedure to Adopt Reform, 1789-1913
Common sense tells us that an out-of-control Congress is not going to rein in its own power. The American Founders
Want to push back against federal overreach? Arm yourself with constitutional information Sept. 30
Want to help push back against federal government overreach? Dave Kopel and I will be offering a one-time public class
Is it a “tax” or not a “tax”? The original understanding
On September 8 the U.S. Court of Appeals for the Fourth Circuit dismissed two suits challenging Obamacare without ever reaching
Is it a “tax” or not a “tax”? The original understanding Read More »
II Submits Brief Destroying Basis for Suit against Colorado’s Taxpayer Bill of Rights
The Independence Institute, through Dave Kopel as legal counsel, has submitted an amicus curiae (“friend of the court”) brief opposing
II Submits Brief Destroying Basis for Suit against Colorado’s Taxpayer Bill of Rights Read More »
The latest Obamacare case was wrong to uphold Medicaid expansion—Part II
On August 12, the U.S. Court of Appeals for the Eleventh Circuit struck down Obamacare’s mandate that individuals buy insurance,
The latest Obamacare case was wrong to uphold Medicaid expansion—Part II Read More »
The latest Obamacare case was wrong to uphold Medicaid expansion—Part I
As noted in my last post, on August 12 the U.S. Court of Appeals for the Eleventh Circuit struck down
The latest Obamacare case was wrong to uphold Medicaid expansion—Part I Read More »
Yet Another Court Voids Obamacare’s Insurance Mandates
On August 12, the United States Court of Appeals for the Eleventh Circuit held that the insurance mandate in the
Yet Another Court Voids Obamacare’s Insurance Mandates Read More »
Confused About an Article V Amendments Convention? New Article Provides Answers
As I predicted in this column, Congress’s continued inability to deal effectively with the debt crisis is AGAIN provoking interest
Confused About an Article V Amendments Convention? New Article Provides Answers Read More »
Debt deal shows once more that Congress can’t do the job
The latest debt deal illustrates Congress’s utter inability to deal with the mess it has gotten itself into. As more
Debt deal shows once more that Congress can’t do the job Read More »
Can the President Raise the Debt Limit Unilaterally? Hell no!
Some people are claiming that if Congress fails to raise the debt limit, the President can raise it himself unilaterally.
Can the President Raise the Debt Limit Unilaterally? Hell no! Read More »
The Unintended Constitutional Mistakes of “Cut, Cap, and Balance”
When you write a constitutional amendment, the devil is in the details. “Cut, Cap, and Balance” prescribed some details for
The Unintended Constitutional Mistakes of “Cut, Cap, and Balance” Read More »