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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 »

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 »

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 »

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 »

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 »

Lefty Claims that by Curbing Government Waste, Musk Violated the ‘Contitution’

CONSTITUTION | February 1, 2026

The truth is that under a fair reading of the Constitution, most of the projects DOGE found were themselves unconstitutional.

Lefty Claims that by Curbing Government Waste, Musk Violated the ‘Contitution’ Read More »

Tax, spending and debt limits in Colorado’s 1876 constitution

Colorado Constitution, CONSTITUTION, Montana Constitution | January 26, 2026

Politicians who whine about the restrictions in TABOR should read the original Colorado Constitution to learn how real tax limitation works.

Tax, spending and debt limits in Colorado’s 1876 constitution Read More »

The case for defunding public radio

CONSTITUTION | January 22, 2026

CPR’s ad was dishonest. And dishonest advertising usually is a sign of a bad product.

The case for defunding public radio Read More »

Overturning the Twentieth Century?

CONSTITUTION | January 22, 2026

Elite opinion aside, the Supreme Court has not aggressively attacked the bad precedents of the past century. Maybe it should.

Overturning the Twentieth Century? Read More »

Was Elbridge Gerry the “Federal Farmer”?

CONSTITUTION | January 22, 2026

New evidence supports the hypothesis that Gerry was the Federal Farmer.

Was Elbridge Gerry the “Federal Farmer”? Read More »

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