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 »
You have to wonder how many other things the federal government will louse up before people demand a return to
The disastrous student loan mess Read More »
Very few people know that the Constitutional Convention of 1787 only the last of nearly 20 other conventions in which
New History of Founding Era Conventions Read More »
Proceeding on the very reasonable theory that the Founders knew what they were doing . . . Seth Barrett Tillman has spent considerable effort reconstructing the meanings of different office/officer phrases.
The Constitution’s officers Read More »
Every so often I’m asked whether the Founders anticipated judicial review. In other words, whether the Founders expected the courts
Did the Founders expect the Courts to Declare Laws Unconstitutional? Read More »
Quite a few people have asked me how President Obama, as a “former constitutional law professor,” could prove so ignorant
"How could a former con law professor be so ignorant?" Read More »
Obamacare’s supporters argue that the individual mandate is justified because the health care market is unique—it’s something that everyone uses,
The fatuous "uniqueness" argument for the constitutionality of Obamacare Read More »
“A public office is a public trust”—common saying, but do we really believe it? The American Founders did. Most of
The Government as Public Trust—One Roman Emperor Showed It Is Feasible Read More »
It’s a stunning betrayal of all those hardworking, pro-Constitution Americans who gave U.S. House Republicans their majority. Republicans controlling the
House Rules Committee: “Violate Your Oath No Matter How You Vote!” Read More »
Sometimes a convention for proposing amendments to the U.S. Constitution is referred to as a “constitutional convention.” That title is
Why an Amendments Convention is not a “Constitutional Convention” Read More »
The meaning of some of the Constitution’s 18th century terminology was lost during the 19th century, leading to widespread misunderstanding.
The Great Forgetting Read More »
We have just filed an amicus curiae (“friend of the court”) brief with the Supreme Court arguing that (1) under
II files unique Supreme Court brief in Obamacare case Read More »
