In a December 23 post, I pointed out that House Speaker John Boehner should not be conceding the initiative on
Boehner Admits Mistake: Sometimes the Constitutional Course is the Wisest Politically Read More »
Should we acknowledge that the U.S. Constitution is filled with “archaic, idiosyncratic and downright evil provisions,” and “extricat[e] ourselves from
A Response to Professor Seidman Read More »
A Denver Post article on the passing of Judge Robert Bork (Dec. 20) says, “He advocated a view of judging
A Correction They Didn’t Print: The Denver Post and Judge Bork Read More »
“. . . 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 »
From the standpoint of one familiar with our constitutional history, the spectacle of the Speaker of the U.S. House of
Constitutionally, Speaker Boehner Should Not Be Making Pre-emptive Tax Concessions Read More »
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 »
During the Obamacare case before the Supreme Court, the Independence Institute argued that the law’s provisions forcing the states to
Why States Must Shun the Obamacare Medicaid Expansion Read More »
A federal appeals court has struck down a Montana law forbidding political parties from endorsing candidates in non-partisan judicial elections.
Bans on Political Party Endorsements of Judges Held Invalid Read More »
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 »
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 »
The November 6 election outcome has many friends of the Constitution dispirited. As so often before, they hoped that by
From Montana come valuable lessons about campaign finance “reform.” Montana has a long history of adopting restrictive campaign laws. But
The Constitution and One State's "Campaign Finance Reform" Mess Read More »
