It’s (not quite) a Riot! How the Constitution’s language differs
“. . . it opens a door to the appointment of a swarm of revenue and excise officers to prey […]
It’s (not quite) a Riot! How the Constitution’s language differs Read More »
Constitutionally, Speaker Boehner Should Not Be Making Pre-emptive Tax Concessions
From the standpoint of one familiar with our constitutional history, the spectacle of the Speaker of the U.S. House of
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Do States Have a Right to Secede?
The news that thousands of people have signed a petition for their own states to secede from the union has
Do States Have a Right to Secede? Read More »
Why States Must Shun the Obamacare Medicaid Expansion
During the Obamacare case before the Supreme Court, the Independence Institute argued that the law’s provisions forcing the states to
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Bans on Political Party Endorsements of Judges Held Invalid
A federal appeals court has struck down a Montana law forbidding political parties from endorsing candidates in non-partisan judicial elections.
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Did the Founders’ Constitution Permit Federal Tort Reform?
NOTE: The photo shows the author at the sundial in James Madison’s garden at Montpelier, VA. On behalf of the
Did the Founders’ Constitution Permit Federal Tort Reform? Read More »
“Necessary and Proper” = “Necessaria et Opportuna”
To justify the huge growth of federal regulations over the last few decades, lawyers and judges frequently cite the Constitution’s
“Necessary and Proper” = “Necessaria et Opportuna” Read More »
What now?
The November 6 election outcome has many friends of the Constitution dispirited. As so often before, they hoped that by
The Constitution and One State's "Campaign Finance Reform" Mess
From Montana come valuable lessons about campaign finance “reform.” Montana has a long history of adopting restrictive campaign laws. But
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New II Issue Paper Rebuts Myth that Citizen Review of Laws and Taxes Violates the Republican Form
If you are exposed to enough politics, sooner or later you’ll hear the old saw that the U.S. is “a
Obama's "American Jobs Act" Ploy Convinces Some, Anyway
The Obama administration’s “American Jobs Act”—a token measure forgotten by all but a few—is back in the news. Just over
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Federal “Campaign Finance” Laws are Mostly Unconstitutional
In a recent posting, I wrote: [I]t is dubious whether the Constitution even gives Congress power to regulate the source
Federal “Campaign Finance” Laws are Mostly Unconstitutional Read More »