How Much Authority Does Congress Have Under the Treaty Power? The Question the Supreme Court Dodged in Bond v. U.S.
In its recent decision in Bond v. United States, the Supreme Court avoided deciding whether Congress, in executing a treaty,
The Dark Side of Hobby Lobby: Contraceptive Coverage as a ‘Compelling Government Interest’
Note: This item originally appeared at the website of The American Thinker. The Hobby Lobby case is being hailed by
Problems in the Recess Appointments Case (Even though Rob was cited again)
(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
Is the penalty for not buying insurance in the Affordable Care Act (ACA—Obamacare) unconstitutional as a “tax” that originated in
Town of Greece Case Returns the Establishment Clause To Its Original Meaning
Last week I reported on Justice Thomas’ citation of my work in his concurring opinion in Town of Greece v.
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Rob Natelson Cited Again at Supreme Court—This Time in a Religion Case
I’m pleased to report that this past week the brilliant Justice Clarence Thomas cited my work on the Necessary and
Rob Natelson Cited Again at Supreme Court—This Time in a Religion Case Read More »
Get Members of Congress Out of the Business of Rigging Campaign Rules
The Supreme Court’s latest campaign finance decision, McCutcheon v. FEC, has sent up the predictable howls. In McCutcheon, the Court
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Ownership of Federal Land: Answers Suggested by the Bundy Standoff
The Bundy stand-off in Nevada has induced several people to ask me about the extent to which the federal government
Ownership of Federal Land: Answers Suggested by the Bundy Standoff Read More »
How Do We Know an Article V Amendments Convention is a “Convention of the States?” Because Both the Founders and the Supreme Court Said So
Article V of the Constitution authorizes a “Convention for proposing Amendments.” However, it does did not specify how the convention
The Court of Appeals’ Anti-TABOR Decision
The U. S. Court of Appeals for the Tenth Circuit recently refused to dismiss the suit by various public sector
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The Lamp of Experience: Constitutional Amendments Work
(This article originally appeared in the American Thinker.) Opponents of a Convention of States long argued that there was an
The Lamp of Experience: Constitutional Amendments Work Read More »
Is the Obamacare Mandate Unconstitutional Because It Originated in the Senate?
The Patient Protection and Affordable Care Act (PPACA or “Obamacare”) imposes a sliding-scale financial penalty on people who do not
Is the Obamacare Mandate Unconstitutional Because It Originated in the Senate? Read More »