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U.S. Supreme Court Justices relied on II research several times this year

CONSTITUTION, Constitution Uncategorized | July 19, 2020

U.S. Supreme Court Justices relied explicitly on Independence Institute briefs three times this year. In addition, one Justice  awarded Rob Natelson, our Senior Fellow in Constitutional Jurisprudence, his 20th Supreme Court citation.

U.S. Supreme Court Justices relied on II research several times this year Read More »

The “right to travel”

CONSTITUTION | May 10, 2020

Most people would recognize the right to travel as an inherent, natural right of free people, and the courts say that it is the Constitution. But is it really there?

The “right to travel” Read More »

Another take-down of the “conservative Supreme Court” myth

CONSTITUTION, Supreme Court | May 6, 2020

Statistics from the Supreme Court’s last term belie the claim that it has become conservative.

Another take-down of the “conservative Supreme Court” myth Read More »

Civics 101: How to understand the Constitution

CONSTITUTION | May 3, 2020

“Here’s an important, but widely overlooked, feature: The document doesn’t grant power only to federal officials. It also confers power on persons and entities who are not part of the U.S. government at all.”

Civics 101: How to understand the Constitution Read More »

Latest COVID orders layer chaos over confusion, add to risk

CONSTITUTION | April 30, 2020

In issuing his latest directive, the governor missed opportunities to quit being an autocrat and start being a statesman.

Latest COVID orders layer chaos over confusion, add to risk Read More »

COVID-19 and the Constitution

CONSTITUTION, Supreme Court | April 27, 2020

The Constitution’s flexibility in emergency is why the late Justice Robert H. Jackson once said, “The Constitution is not a suicide pact.” But emergencies do not cause the Constitution to vanish.

COVID-19 and the Constitution Read More »

New article shows how amendments conventions and other “federal functions” are regulated

Article V, CONSTITUTION | April 21, 2020

“[A]nother mistake is that because an amendments convention executes a federal function, Congress can control it. But . . . the rules and protocols for carrying out federal functions come from the Constitution, not from Congress.”

New article shows how amendments conventions and other “federal functions” are regulated Read More »

New court ruling exposes unconstitutionality of Colorado lockdown orders

Colorado Constitution, CONSTITUTION | April 14, 2020

Colorado’s orders are classic examples of infringements of fundamental rights that are both overbroad and underinclusive—and therefore unconstitutional.

New court ruling exposes unconstitutionality of Colorado lockdown orders Read More »

A defense of the Electoral College

CONSTITUTION | April 5, 2020

“… when Hamilton stated . . . that he believed electors would use “information and discernment,” that is not very good evidence that future electors did in fact use information and discernment. But it is quite good evidence that Hamilton and his readers believed the Constitution empowered electors to do so.”

A defense of the Electoral College Read More »

Unelected officials shouldn’t have such power; a proposal for reform

CONSTITUTION | April 1, 2020

No free people should concede to any unelected agencies the kind of power Colorado state law now grants its state and county health departments.

Unelected officials shouldn’t have such power; a proposal for reform Read More »

How state lockdowns are destroying lives, creating national conflict

CONSTITUTION | March 30, 2020

” . . . constitutional rights are not luxuries. They are key to the functioning of our society.”

How state lockdowns are destroying lives, creating national conflict Read More »

Why donors should give to think tanks and NOT colleges & universities

CONSTITUTION | March 27, 2020

“Some donors try to target their grants to certain activities only. But academic administrators have ways of evading such restrictions. [At think tanks] the money probably will be used far more efficiently than if it were dissipated on academic bureaucracy.”

Why donors should give to think tanks and NOT colleges & universities Read More »

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