New Article on What “Taxes” Are (And Aren’t) Under the Constitution, and the Implications for Obamacare
Was the Supreme Court right to call Obamacare’s insurance penalty a “tax?”
Antonin Scalia, RIP
Justice Antonin Scalia was one of the most eloquent opinion writers in the history of the United States Supreme
Antonin Scalia, RIP Read More »
What Does the Constitution Say About Federal Land Ownership?
The “Bundy stand-off” in Oregon at a federal wildlife refuge has triggered (or, rather, re-triggered) questions about the constitutionality of
What Does the Constitution Say About Federal Land Ownership? Read More »
More On Why Amendment Procedures Are Not Governed by the States’ Tenth Amendment Powers
A few groups pushing constitutional amendments are trying to convince state legislatures to adopt laws and interstate compacts that rely
More On Why Amendment Procedures Are Not Governed by the States’ Tenth Amendment Powers Read More »
The Impending Convention for Proposing Amendments — Part V
Note: This series of six articles originally appeared in the Washington Post’s “Volokh Conspiracy,” a leading constitutional law website. Parts
The Impending Convention for Proposing Amendments — Part V Read More »
The Impending Convention for Proposing Amendments — Part IV
Note: This series of six articles originally appeared in the Washington Post’s “Volokh Conspiracy,” a leading constitutional law website. Parts
The Impending Convention for Proposing Amendments — Part IV Read More »
The Constitution’s Article V, Not the 10th Amendment, Gives State Legislatures Their Power in the Amendment Process
Note: An earlier version of this article appeared in The American Thinker. Some advocates of a convention for proposing amendments
Answering Questions About the Voting Rules at a Convention for Proposing Amendments
Note: This column appeared originally at the American Thinker. In a recent post, I examined suggestions that a convention of
Answering Questions About the Voting Rules at a Convention for Proposing Amendments Read More »
The Constitution's Financial Terms
Note: This was originally a four-part series published at the leading constitutional law website, “The Volokh Conspiracy,” which is affiliated
The Constitution's Financial Terms Read More »
Some of the Colorado Supreme Court’s Mistakes in the Douglas County School Choice Case
As people who follow education reform already know, the Colorado Supreme Court recently struck down the Douglas County school board’s
Some of the Colorado Supreme Court’s Mistakes in the Douglas County School Choice Case Read More »
Still More Evidence That An Amendments Convention is a "Convention of States"
The term “convention of states” (or “convention of the states”) dates at least from the year 1780. By 1788 it
Still More Evidence That An Amendments Convention is a "Convention of States" Read More »
What does “Due Process of Law” mean? Hint: SCOTUS had it wrong: It’s irrelevant to same-sex marriage
Note: An earlier version of this article appeared in The American Thinker. The Fifth and Fourteenth amendments to the Constitution