In presidential contests D.C. voters do not seriously weigh the merits or demerits of presidential candidates. The District is a dependency of the federal government, and its electorate invariably votes for the party that offers more government
Why the District of Columbia should not be a state Read More »
“In practice, “living constitutionalism” converts our Constitution into a parchment loin cloth to cover political pudenda.”
Defending the Constitution from the ‘living constitutionalists’ Read More »
So-called “non-partisan” elections don’t abolish politics. They just hide politics from public view.
The troubled Montana Supreme Court Read More »
The overwhelming majority of the framers had been given full authority to propose a new government. Charges that they did not are based on ignorance.
Defending the Constitution: The Framers did not violate their trust Read More »
Social justice warriors also may be offended by my outlining another way the Senate improves decision making. Here it is . . .
Defending the Constitution: Why state equality in the Senate makes sense Read More »
Before criticizing the Founders, w]e must understand the choice they faced: (1) tolerating a vile institution that was (then) dying anyway or (2) consigning the American continent to perpetual warfare at a cost of millions of lives and incalculable misery.
Defending the Constitution: Why the Founders couldn’t abolish slavery Read More »
If you assume that counting persons is the proper basis for congressional representation, it’s easy to see how one could misread the reduction for slaves and the exclusion of non-tax-paying Indians as expressions of racism. However, many, probably most, of the framers did not think counting persons was the proper basis for representation.
Defending the Constitution: The ‘Three-Fifths Compromise’ was not based on racism Read More »
States can refuse to cooperate with a federal program or enforce an unconstitutional federal law.
How states should push back against the Biden administration Read More »
Even today, despite all the state legislative cessions, the authority available to state lawmakers remains impressive.
The federal powers of state legislatures Read More »
Based on the Constitution’s text and history, Congress’s power to regulate its own elections should be narrowly construed.
The Founders warned us about abuses like H.R. 1 Read More »
H.R. 1 contains some sections that are perfectly constitutional . . . .But they are intertwined with provisions that are clearly (or arguably) unconstitutional. This intertwining would take decades of litigation to unravel.
H.R. 1 would create chaos only a constitutional amendment could fix Read More »
Frantic claims that it’s a “constitutional convention” … or that it can issue a new document or “radically re-write” the existing one … or change the ratification procedure—none of these have any legal or historical basis.
How a ‘Convention of States’ really works Read More »
