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Justice Ginsburg’s possible incapacity and the case for term limits

CONSTITUTION, Supreme Court | February 11, 2019

A better constitutional amendment would be one permitting each justice a single long term—for example, 16 years—without possibility of re-appointment.

Justice Ginsburg’s possible incapacity and the case for term limits Read More »

Why the “National Popular Vote” scheme is unconstitutional

CONSTITUTION, NATIONAL POPULAR VOTE | February 4, 2019

NPV . . . with or without congressional approval . . . violates a central principle of constitutional law.

Why the “National Popular Vote” scheme is unconstitutional Read More »

What Is Originalism?

CONSTITUTION | January 28, 2019

Today the only consistent originalist on the Supreme Court is Justice Clarence Thomas.

What Is Originalism? Read More »

Assessing the Ted Cruz term limits proposal

Article V, CONSTITUTION | January 28, 2019

The only way the states could consider ratifying a term limits amendment would be for a convention of the states to propose it.

Assessing the Ted Cruz term limits proposal Read More »

The Electoral College is still right for America

CONSTITUTION, NATIONAL POPULAR VOTE | January 21, 2019

It is not true, as some claim, that the Founders acted only out of distrust of democracy. Rather, the system was a brilliant response to a complicated set of issues.

The Electoral College is still right for America Read More »

Rob Natelson and Jon Caldara explore the latest court ruling on Obamacare

CONSTITUTION, ObamaCare | January 14, 2019

The ruling that the mandate was unconstitutional was certainly correct. Whether than means the rest of the law fails is less certain.

Rob Natelson and Jon Caldara explore the latest court ruling on Obamacare Read More »

Could liberals pack the Supreme Court? Yes

CONSTITUTION, Supreme Court | January 14, 2019

Could they pack the court successfully? If Democrats win more elections, I think they can.

Could liberals pack the Supreme Court? Yes Read More »

America’s WORST appeals court

CONSTITUTION, Montana Constitution | January 14, 2019

Keep reading even if you are not from Montana: This article is a lesson on how judges should not conduct themselves.

America’s WORST appeals court Read More »

Convention of States a path to restoring constitutional government

Article V, CONSTITUTION | January 7, 2019

The amendment procedure is not a partisan device. It is a valuable constitutional right available to all Americans who want to improve their federal government.

Convention of States a path to restoring constitutional government Read More »

What impeachment requires and why it wouldn’t be wise for Dems to push it

CONSTITUTION | December 28, 2018

The political difficulty for the Democratic House if it tries to impeach the president is that the last time that party was in control, its own conduct fell far short of fiduciary standards.

What impeachment requires and why it wouldn’t be wise for Dems to push it Read More »

In defense of the court decision striking down Obamacare

CONSTITUTION, ObamaCare, Supreme Court | December 24, 2018

The truth is that the quiet death of the ACA would surely be less disruptive than its chaotic life.

In defense of the court decision striking down Obamacare Read More »

Still more proof: the Supreme Court is not “conservative”

CONSTITUTION, Supreme Court | December 23, 2018

Yet, true to form, some media outlets continue to claim the court has a “conservative majority.”

Still more proof: the Supreme Court is not “conservative” Read More »

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