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Obama’s Ebola Order: Is it Constitutional to Send Troops to Hand out “Home Health Kits” in Africa?

CONSTITUTION, Supreme Court, Uncategorized | September 19, 2014

The Constitution says that the president “shall be Commander in Chief of the Army . . . of the United […]

Obama’s Ebola Order: Is it Constitutional to Send Troops to Hand out “Home Health Kits” in Africa? Read More »

The Famous Case of Coleman v. Miller—and, No, It Doesn't Give Congress Total Control Over the Amendment Process

Article V, CONSTITUTION, Supreme Court | September 1, 2014

Not long ago, I was listening to a radio talk show and was assured by a caller that the Supreme

The Famous Case of Coleman v. Miller—and, No, It Doesn't Give Congress Total Control Over the Amendment Process Read More »

Rob Discusses How He Researches the Constitution

CONSTITUTION, Supreme Court, Uncategorized | August 18, 2014

Rob Discusses How He Researches the Constitution Read More »

“Progressive” Misrepresentations of the Public Trust Doctrine

CONSTITUTION, Supreme Court, Uncategorized | August 9, 2014

While hosting a Montana radio talk show in the late 1990s, I interviewed a prominent left-wing environmental activist. He was

“Progressive” Misrepresentations of the Public Trust Doctrine Read More »

New Article: Government’s Obligation To Be Impartial

CONSTITUTION, Supreme Court, Uncategorized | August 8, 2014

The Constitution was adopted amid a belief that government is a public trust.* Does the Constitution require federal and state

New Article: Government’s Obligation To Be Impartial Read More »

New Article: Government's Obligation To Be Impartial

CONSTITUTION, Supreme Court, Uncategorized | August 8, 2014

The Constitution was adopted amid a belief that government is a public trust.* Does the Constitution require federal and state

New Article: Government's Obligation To Be Impartial Read More »

Did Obamacare Violate the Constitution’s Origination Clause? No. . . and Yes

CONSTITUTION, ObamaCare, Supreme Court, Uncategorized | August 5, 2014

Note: This a modified version of an article that appeared at The American Thinker. Two years ago, the Supreme Court

Did Obamacare Violate the Constitution’s Origination Clause? No. . . and Yes Read More »

How Much Authority Does Congress Have Under the Treaty Power? The Question the Supreme Court Dodged in Bond v. U.S.

CONSTITUTION, Supreme Court, Uncategorized | July 20, 2014

In its recent decision in Bond v. United States, the Supreme Court avoided deciding whether Congress, in executing a treaty,

How Much Authority Does Congress Have Under the Treaty Power? The Question the Supreme Court Dodged in Bond v. U.S. Read More »

The Dark Side of Hobby Lobby: Contraceptive Coverage as a ‘Compelling Government Interest’

CONSTITUTION, ObamaCare, Supreme Court | July 14, 2014

Note: This item originally appeared at the website of The American Thinker. The Hobby Lobby case is being hai​led by

The Dark Side of Hobby Lobby: Contraceptive Coverage as a ‘Compelling Government Interest’ Read More »

Problems in the Recess Appointments Case (Even though Rob was cited again)

CONSTITUTION, Supreme Court, Uncategorized | June 29, 2014

(This article originally appeared in The American Thinker.) I applaud the result of the recess appointments case and I am

Problems in the Recess Appointments Case (Even though Rob was cited again) Read More »

The Results Are In: The Obamacare “Penalty” Didn’t Violate the Origination Clause, but Obamacare’s Regulations Did

CONSTITUTION, ObamaCare, Supreme Court, Uncategorized | May 20, 2014

Is the penalty for not buying insurance in the Affordable Care Act (ACA—Obamacare) unconstitutional as a “tax” that originated in

The Results Are In: The Obamacare “Penalty” Didn’t Violate the Origination Clause, but Obamacare’s Regulations Did Read More »

Town of Greece Case Returns the Establishment Clause To Its Original Meaning

CONSTITUTION, Supreme Court, Uncategorized | May 15, 2014

Last week I reported on Justice Thomas’ citation of my work in his concurring opinion in Town of Greece v.

Town of Greece Case Returns the Establishment Clause To Its Original Meaning Read More »

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