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Denver mayor’s toothless anti-ICE order fools the gullible

CONSTITUTION | April 1, 2026

The author of this order is not a “legal illiterate.” He is a cynical grandstander . . .

Denver mayor’s toothless anti-ICE order fools the gullible Read More »

The “Armed Persons” Snafu in the Montana Constitution

Montana Constitution | March 25, 2026

This provision of the Montana Constitution, like many others, is simply unclear.

The “Armed Persons” Snafu in the Montana Constitution Read More »

Another reason for a new Montana state constitution: The current one likely was never ratified

Montana Constitution | March 11, 2026

When I first head that the constitution might never have been ratified, I thought it was conspiracy theory stuff. But when investigated, the claim proved to have some merit.

Another reason for a new Montana state constitution: The current one likely was never ratified Read More »

Justice Gorsuch’s Take on the Major Questions Doctrine

CONSTITUTION | March 11, 2026

The Major Questions Doctrine is in the Constitution because it simply is the logical obverse of the Doctrine of Incidental Authority, which pervades the Constitution.

Justice Gorsuch’s Take on the Major Questions Doctrine Read More »

Does the Constitution require a declaration of war for President Trump to maintain his Iran offensive?

CONSTITUTION | March 5, 2026

When the Constitution was adopted, international law required declarations only for offensive, not defensive, conflicts.

Does the Constitution require a declaration of war for President Trump to maintain his Iran offensive? Read More »

A state constitutional convention could restore the constitution Montanans ratified

Montana Constitution | March 3, 2026

The best way to defend the constitution is not to dig in one’s heels to protect an inaccurate and distorted version.

A state constitutional convention could restore the constitution Montanans ratified Read More »

Taxpayer-Supported Discrimination and Propaganda at MSU Denver

CONSTITUTION | February 27, 2026

MSU Denver documents show that the bizarre and the extremist positions of the its Writing Center prevail throughout the institution.

Taxpayer-Supported Discrimination and Propaganda at MSU Denver Read More »

Constitutions of Liberty – Colorado, Montana & Other Western States

Colorado Constitution, Montana Constitution | February 24, 2026

Much of the original Colorado and Montana constitutions read like a libertarian wish list.

Constitutions of Liberty – Colorado, Montana & Other Western States Read More »

The Tariff Case—A Lost Opportunity

CONSTITUTION, Supreme Court | February 22, 2026

Learning Resources v. Trump was a lost opportunity to begin the process of nudging Congress back into its constitutional cage.

The Tariff Case—A Lost Opportunity Read More »

Justice Thomas gives Rob his 41st SCOTUS citation

CONSTITUTION, Supreme Court | February 20, 2026

Supreme Court justices have relied on Rob’s research 41 times since 2013, one of the highest numbers of any legal scholar.

Justice Thomas gives Rob his 41st SCOTUS citation Read More »

Why Montanans need a convention rather than amendments to update their constitution

Montana Constitution | February 19, 2026

The only way the people of Montana can systematically update their constitution is to commission a state convention to propose a new one.

Why Montanans need a convention rather than amendments to update their constitution Read More »

Idaho considers an amendments convention

Article V, CONSTITUTION | February 11, 2026

Today no recognized Article V scholar takes the “runaway convention” objection seriously.

Idaho considers an amendments convention Read More »

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