Rob explains why II submitted a Supreme Court brief to protect presidential elector discretion and why the National Popular Vote Compact is a terrible idea
The new article “marshals a massive amount of historical evidence to show that a convention for proposing amendments is simply a ‘convention of the states,’ a frequent kind of gathering in U.S. history, and one whose make-up and procedures is well known.
New scholarly article explains amendments conventions Read More »
Originalism is not a modern invention “[T]he ‘intent of the makers’ had been the lodestar of documentary construction since at least the 1500s.”
Underselling Originalism Read More »
How academics formed a completely erroneous “consensus” about the convention procedure of Article V.
[The integrity of presidential electors] has taken on great urgency as “progressive” state legislatures increasingly meddle with free elections.
Two new briefs in the Supreme Court’s Electoral College case Read More »
Examples of high misdemeanors . . . were bribery, assault, and attempted murder.
New article: 18th century law shows impeachment requires a crime Read More »
Britain was the first major country in world history to abolish slavery.
The English tradition of liberty under law is a gift to us all Read More »
The incentives behind the campaign are obvious. The ERA is poorly drafted and vague (which is why it was rejected). If it became part of the Constitution, the result would be legal chaos. Activists know they would be able to feed off that chaos . . . .
The new ERA campaign: constitutional malware Read More »
Self-government is at the heart of the American experiment. Historically, it is far more important than some other institutions (such as slavery) that [receive] more attention . . . . .
The Mayflower Compact and “consent of the governed” are now 400 years old Read More »
[T]he search for a single “non-delegation” principle applicable to all congressional powers is a futile one. Instead, the scope of permissible delegation of any particular congressional power must be sought in the meaning of the words describing that power.
How much power may Congress delegate to federal agencies? Read More »
Newsflash for woke “journalists:” Conservatives and libertarians, like others, are entitled speak in their own voices. Not in yours or anyone else’s.
Rob Natelson’s Comment on Jon Caldara and the Denver Post Read More »
[T]he history of anti-sectarian clauses shows that “sectarian” is not a synonym for “religious” and anti-sectarian clauses were not designed merely to discriminate against religion. Instead, they were designed to discriminate in favor of some religions and against others.
Will the Supreme Court strike down bigoted state constitutional rules? Read More »
