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The verdict is in: We do not have a “conservative Supreme Court”

CONSTITUTION, Supreme Court | July 1, 2019

The Supreme Court term just over certainly confirmed what I wrote shortly after it started: The constant refrain that the current bench is a “conservative Supreme Court” with a “conservative majority” is flat wrong.

The verdict is in: We do not have a “conservative Supreme Court” Read More »

New SCOTUS case does more than pave the way to reverse Roe v. Wade

CONSTITUTION | June 24, 2019

Justice Clarence Thomas’s concurrence probably received the most media attention. It is an essay on when the Supreme Court should follow precedent or overrule it. It helps lay the basis for reversing Roe v. Wade . . . .

New SCOTUS case does more than pave the way to reverse Roe v. Wade Read More »

Curb on the regulatory state? Court holds corporations protected from “excessive fines”

CONSTITUTION | June 17, 2019

Colorado Supreme Court ruled that the Excessive Fines Clause does protect corporations.

Curb on the regulatory state? Court holds corporations protected from “excessive fines” Read More »

How our presidential election system works

CONSTITUTION | June 5, 2019

Some writers claim the framers adopted an indirect election procedure because they didn’t trust democracy. This is an oversimplification. The framers balanced many factors.

How our presidential election system works Read More »

Judicial oligarchy is the wrong way to decide abortion policy

CONSTITUTION, Supreme Court | June 3, 2019

On abortion policy America has ceased to be a democracy and has become a judicial oligarchy.

Judicial oligarchy is the wrong way to decide abortion policy Read More »

More on how National Popular Vote would import third world “elections” to America

CONSTITUTION | May 27, 2019

Nevada and Colorado legislatures voted to import a failed third-world election system into the United States.

More on how National Popular Vote would import third world “elections” to America Read More »

The Supreme Court re-affirms Indian treaty originalism

CONSTITUTION | May 22, 2019

Why do many judges and commentators abandon standard interpretative methods when addressing some parts of the Constitution? The answer is clear.

The Supreme Court re-affirms Indian treaty originalism Read More »

NPR and Justice Stevens are wrong about guns

CONSTITUTION, Supreme Court | May 20, 2019

Recent historical research has thoroughly discredited Stevens’ position.

NPR and Justice Stevens are wrong about guns Read More »

Are we in a constitutional crisis? Yes, but it’s not what you think

Article V, CONSTITUTION | May 17, 2019

Will the American people correct the situation and end the crisis? Or is our era of constitutional government over? The answers depend largely on the fate of the “convention of states” movement.

Are we in a constitutional crisis? Yes, but it’s not what you think Read More »

Is the Green New Deal Fascist?

CONSTITUTION | May 14, 2019

Fascists . . . think in military terms and seek to organize society along military lines. The GND documents are loaded with militaristic language.

Is the Green New Deal Fascist? Read More »

Leading Dem politicos utterly lack real world experience

CONSTITUTION | May 13, 2019

Note the gaps in the biographies of all these people: A youthful disposition toward liberal ideology. No significant challenge to that ideology. No experience in small or entrepreneurial business either as an employer or employee, nor even in local government.

Leading Dem politicos utterly lack real world experience Read More »

New evidence on the case that adopted the 1972 Montana Constitution

CONSTITUTION, Montana Constitution | May 5, 2019

The [state constitution’s] adoption process in Montana was clearly tainted.

New evidence on the case that adopted the 1972 Montana Constitution Read More »

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