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New Article: James Madison, Federal Overreaching, and Amendments Conventions

Article V, CONSTITUTION, Uncategorized | July 21, 2012

The writings of James Madison still offer useful guidance for states seeking to restrain federal overreaching. Akron Law Review has […]

New Article: James Madison, Federal Overreaching, and Amendments Conventions Read More »

A Colonial Pamphlet Helps Show Why the Constitution’s Necessary and Proper Clause Granted No Power

CONSTITUTION, Uncategorized | July 11, 2012

Learn more: Hear a podcast on this subject. As I have noted before (for example, here and here) pamphlets written

A Colonial Pamphlet Helps Show Why the Constitution’s Necessary and Proper Clause Granted No Power Read More »

Montana Supreme Court’s “History” Turns Out To Be Weak

CONSTITUTION, Montana Constitution | July 8, 2012

The Montana Supreme Court won praise for its recitation of history in its recent corporate finance case, Western Tradition Partnership

Montana Supreme Court’s “History” Turns Out To Be Weak Read More »

Speaking out against the Obamacare decision

CONSTITUTION, ObamaCare, Uncategorized | July 1, 2012

Speaking out against the Obamacare decision Read More »

Defects in the Supremes' holding that the Obamacare penalty is a "tax"

CONSTITUTION, ObamaCare, Supreme Court | June 28, 2012

For a podcast covering this subject in more detail, click here. Under the Constitution’s original meaning, the Supreme Court’s holding

Defects in the Supremes' holding that the Obamacare penalty is a "tax" Read More »

New “how to” paper on proposing constitutional amendments by convention

Article V, CONSTITUTION | June 26, 2012

The Independence Institute has published my new Issue Paper, Amending the Constitution by Convention: Practical Guidance for Citizens and Policymakers.

New “how to” paper on proposing constitutional amendments by convention Read More »

Thank goodness for the First Amendment

CONSTITUTION, Uncategorized | June 24, 2012

We just returned from Britain, where there is chilling discussion about imposing more regulation on the press. The occasion is

Thank goodness for the First Amendment Read More »

Obamacare and “Commerce:” Does A Include Not-A?

CONSTITUTION, ObamaCare | June 19, 2012

On the eve of the Supreme Court’s decision over Obamacare’s individual mandate, attention is been focused on the challengers’ argument

Obamacare and “Commerce:” Does A Include Not-A? Read More »

In modern politics, the “extremists” are usually those labeling others with that word

CONSTITUTION, Uncategorized | June 10, 2012

A key Democratic Party tactic being used against incumbent Republican Congressman Mike Coffman (R.-Colo.) is to brand him an “extremist.”

In modern politics, the “extremists” are usually those labeling others with that word Read More »

Hey, if Elizabeth Warren is Indian, then maybe I am, too!

CONSTITUTION | June 1, 2012

I confess to a several personal emotions in reaction to the Elizabeth Warren case. Elizabeth Warren, if you recall, is

Hey, if Elizabeth Warren is Indian, then maybe I am, too! Read More »

Another Federal Real Estate Screw-Up

CONSTITUTION, Uncategorized | May 27, 2012

One of the clearest messages from the American Founding was that the Constitution left regulation of private land within state boundaries

Another Federal Real Estate Screw-Up Read More »

Original Intent, Original Understanding, Original Meaning

CONSTITUTION, Uncategorized | May 19, 2012

It is often said that the Constitution should be interpreted according to its “original intent, “original understanding,” or “original meaning.”

Original Intent, Original Understanding, Original Meaning Read More »

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