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The Meaning of “Regulate Commerce” to the Constitution’s Ratifiers: An Update

CONSTITUTION, Supreme Court | February 1, 2024

 This latest survey—like all the previous ones—confirms that when the Constitution uses the word “Commerce,” it does so to mean only mercantile trade and its incidents.

The Meaning of “Regulate Commerce” to the Constitution’s Ratifiers: An Update Read More »

Responding to Professor Bowman’s “Immigration Is Not An Invasion”

CONSTITUTION | February 1, 2024

The effect of this constitutional provision . . . is only to allow a state to defend itself fully—and without congressional consent—when invaded or about to be invaded.

Responding to Professor Bowman’s “Immigration Is Not An Invasion” Read More »

C.S. Lewis’s “That Hideous Strength” Matches “1984” as a Prognosticator of Progressivism

CONSTITUTION | February 1, 2024

Unfortunately, Bracton College has been invaded by the self-styled “progressive element”—a group of academics very much like many I encountered during my university years.

C.S. Lewis’s “That Hideous Strength” Matches “1984” as a Prognosticator of Progressivism Read More »

Our Article on the Power of States to Combat Illegal Immigration Has Been Published!

CONSTITUTION | January 31, 2024

This new paper summarizes state war powers and how states may mobilize them against unauthorized immigration.

Our Article on the Power of States to Combat Illegal Immigration Has Been Published! Read More »

Democracies, Republics, and TABOR

Colorado Constitution, CONSTITUTION | January 25, 2024

Contrary to popular mythology, none of the Founders drew a sharp distinction between a democracy and a republic.

Democracies, Republics, and TABOR Read More »

If Trump Is Disqualified, Leftist ‘Anti-War’ Protesters Are Also

CONSTITUTION | January 25, 2024

According to the disqualification standard being applied to President Trump, very likely some politicians in office today were guilty of giving “aid and comfort to the enemies.”

If Trump Is Disqualified, Leftist ‘Anti-War’ Protesters Are Also Read More »

How States May Respond to Illegal Immigration, Part V: About Birthright Citizenship

CONSTITUTION | January 20, 2024

Our research on state war powers and on allegiance clearly points to an answer on whether the U.S. born children of undocumented immigrants are “birthright citizens”

How States May Respond to Illegal Immigration, Part V: About Birthright Citizenship Read More »

Understanding the Constitution: How States May Respond to Illegal Immigration—Part IV

CONSTITUTION | January 19, 2024

Some defensive state war powers should not be subject to federal preemption at all.

Understanding the Constitution: How States May Respond to Illegal Immigration—Part IV Read More »

Understanding the Constitution: How States May Respond to Illegal Immigration—Part III

CONSTITUTION | January 17, 2024

The state invaded has the right to seek out and kill the invaders and those responsible for the invasion.

Understanding the Constitution: How States May Respond to Illegal Immigration—Part III Read More »

Understanding the Constitution: How States May Respond to Illegal Immigration—Part II

CONSTITUTION | January 16, 2024

Under the Constitution, the states may wage defensive war without federal permission.

Understanding the Constitution: How States May Respond to Illegal Immigration—Part II Read More »

Understanding the Constitution: How States May Respond to Illegal Immigration—Part I

CONSTITUTION | January 15, 2024

What is important for legal purposes is not how we use those words. What is important is how the Constitution uses them.

Understanding the Constitution: How States May Respond to Illegal Immigration—Part I Read More »

Even Constitutional Conventions are Limited

Article V, CONSTITUTION | January 4, 2024

A constitutional convention can be limited and an Article V convention has even less scope than a constitutional convention.

Even Constitutional Conventions are Limited Read More »

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