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Here’s What a Truly Conservative Supreme Court Would Do

CONSTITUTION, ObamaCare, Supreme Court | January 9, 2023

A truly conservative-activist majority would strike down a range of state and federal economic regulations as violating due process. Gone would be minimum wage laws, maximum hour rules, price controls of any kind.

Here’s What a Truly Conservative Supreme Court Would Do Read More »

Defending the Constitution: Secrets behind those ‘obscure’ provisions

CONSTITUTION, ObamaCare | July 13, 2021

Here are questions and answers addressing five of the Constitution’s less famous provisions.

Defending the Constitution: Secrets behind those ‘obscure’ provisions Read More »

Supreme Court: property rights vs. labor unions

CONSTITUTION, ObamaCare, Supreme Court | July 4, 2021

This is a rare case in which the liberal media’s imaginary “conservative Supreme Court majority” really showed up.

Supreme Court: property rights vs. labor unions Read More »

More evidence that the Obamacare insurance mandate was unconstitutional

CONSTITUTION, ObamaCare | October 24, 2019

A leading Founder pointed out that authority to regulate commerce did not include power to compel it.

More evidence that the Obamacare insurance mandate was unconstitutional Read More »

Rob Natelson and Jon Caldara explore the latest court ruling on Obamacare

CONSTITUTION, ObamaCare | January 14, 2019

The ruling that the mandate was unconstitutional was certainly correct. Whether than means the rest of the law fails is less certain.

Rob Natelson and Jon Caldara explore the latest court ruling on Obamacare Read More »

In defense of the court decision striking down Obamacare

CONSTITUTION, ObamaCare, Supreme Court | December 24, 2018

The truth is that the quiet death of the ACA would surely be less disruptive than its chaotic life.

In defense of the court decision striking down Obamacare Read More »

It’s time to truly test the constitutionality of Obamacare

CONSTITUTION, ObamaCare | December 3, 2018

Previous Origination Clause plaintiffs lost because they attacked Obamacare’s taxes instead of its regulations. Plaintiffs suing for relief from regulations that harm them may have more success.

It’s time to truly test the constitutionality of Obamacare Read More »

New article shows how 18th century law helps us understand the Constitution

CONSTITUTION, Eminent Domain, ObamaCare, Supreme Court | July 10, 2018

“Living Constitutionalists” sometimes claim erroneously that recovering the Constitution’s original meaning is impractical.

New article shows how 18th century law helps us understand the Constitution Read More »

Abolish the Filibuster? Maybe We Should

CONSTITUTION, ObamaCare, Supreme Court | July 10, 2016

Should freedom advocates support the U.S. Senate’s “filibuster” rule? The traditional answer has been “yes.” But we might want to

Abolish the Filibuster? Maybe We Should Read More »

The Most Radical Decision Ever?

CONSTITUTION, ObamaCare, Supreme Court, Uncategorized | June 29, 2015

This article first appeared in The American Thinker. A complete commentary on the same sex marriage case would take far

The Most Radical Decision Ever? Read More »

Two Overreaching GOP House Bills Show Why We Need a Convention of States

Article V, CONSTITUTION, ObamaCare | May 17, 2015

Two bills introduced in the U.S. House of Representatives show that whatever they may say on the campaign trail, many

Two Overreaching GOP House Bills Show Why We Need a Convention of States Read More »

New Origination Clause Article Now Published

CONSTITUTION, ObamaCare | May 2, 2015

The Harvard Journal of Law and Public Policy has now published my article on the Origination Clause. That’s the article

New Origination Clause Article Now Published Read More »

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