Another Federal Real Estate Screw-Up
One of the clearest messages from the American Founding was that the Constitution left regulation of private land within state boundaries […]
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Original Intent, Original Understanding, Original Meaning
It is often said that the Constitution should be interpreted according to its “original intent, “original understanding,” or “original meaning.”
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The disastrous student loan mess
You have to wonder how many other things the federal government will louse up before people demand a return to
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New History of Founding Era Conventions
Very few people know that the Constitutional Convention of 1787 only the last of nearly 20 other conventions in which
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The Constitution’s officers
Proceeding on the very reasonable theory that the Founders knew what they were doing . . . Seth Barrett Tillman has spent considerable effort reconstructing the meanings of different office/officer phrases.
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Did the Founders expect the Courts to Declare Laws Unconstitutional?
Every so often I’m asked whether the Founders anticipated judicial review. In other words, whether the Founders expected the courts
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The Government as Public Trust—One Roman Emperor Showed It Is Feasible
“A public office is a public trust”—common saying, but do we really believe it? The American Founders did. Most of
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Why an Amendments Convention is not a “Constitutional Convention”
Sometimes a convention for proposing amendments to the U.S. Constitution is referred to as a “constitutional convention.” That title is
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The Great Forgetting
The meaning of some of the Constitution’s 18th century terminology was lost during the 19th century, leading to widespread misunderstanding.
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II files unique Supreme Court brief in Obamacare case
We have just filed an amicus curiae (“friend of the court”) brief with the Supreme Court arguing that (1) under
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Are the detainment provisions of the 2012 National Defense Authorization Act serious?
Are the detainment provisions of the 2012 National Defense Authorization Act serious? Yes they are. This is a complicated area,
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II submits brief to protect states from Obamacare bullying
II is submitting not merely one, but two separate brief to the U.S. Supreme Court opposing Obamacare. One will show
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