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The Pilgrim Code of Law: one of many sources of our American Constitution

CONSTITUTION, Uncategorized | October 21, 2018

In fact, the Constitution was the product of centuries of “guidelines.”

The Pilgrim Code of Law: one of many sources of our American Constitution Read More »

A spash of cold water: Kavanaugh probably won’t change much, but there are other options

Article V, CONSTITUTION, Supreme Court | October 19, 2018

This article first appeared in Townhall.com. When Senator Susan Collins made her now-famous speech stating she would vote to approve

A spash of cold water: Kavanaugh probably won’t change much, but there are other options Read More »

Journal now available from the latest Convention of States!

Article V, CONSTITUTION | October 18, 2018

Nineteen states attended, making it the second-largest convention of states in American history by number of states represented.

Journal now available from the latest Convention of States! Read More »

Hopes of using 25th Amendment against Trump are delusional

CONSTITUTION | September 30, 2018

Trump-haters . . . should fix their hopes on impeachment, not on the 25th Amendment. For impeachment, though, you need a proven crime or a real breach of fiduciary duty. . . . Blind hatred and unproved allegations don’t count.

Hopes of using 25th Amendment against Trump are delusional Read More »

“Progressives” challenging U.S. Constitution’s adoption should look in their own backyard

CONSTITUTION | September 23, 2018

State constitutions written or favored by “progressives” also have been proclaimed under dubious circumstances.

“Progressives” challenging U.S. Constitution’s adoption should look in their own backyard Read More »

New case shows the Supreme Court’s defense of constitutional federalism is only tepid

CONSTITUTION, Supreme Court | September 12, 2018

. . . Those who adopted the Constitution understood that governance of recreational activities, such as sports, was reserved to the states. Regulation of in-state gambling, like other moral issues, similarly was outside the federal sphere.

New case shows the Supreme Court’s defense of constitutional federalism is only tepid Read More »

Are recent “rescissions” of Article V applications valid?

Article V, CONSTITUTION | August 13, 2018

“The preambles of seven of the nine rescissions show they were based on material mistakes of law and fact.

Are recent “rescissions” of Article V applications valid? Read More »

Missouri court gets it right on constitutional amendment law

Article V, CONSTITUTION | July 31, 2018

“The courts have a long record of applying constitutional amendment law accurately and fairly.”

Missouri court gets it right on constitutional amendment law Read More »

What does it mean for the Senate to give Its “Advice and Consent?”

CONSTITUTION | July 18, 2018

“During the 18th century, when “advice” . . . appeared in the same phrase with the preposition “with,” the word meant deliberation or consideration.”

What does it mean for the Senate to give Its “Advice and Consent?” Read More »

II Court Brief Uphold’s Founders’ View of Electoral College

CONSTITUTION | July 18, 2018

But a “friend of the court” brief filed by the Independence Institute has shredded one of the key defenses.

II Court Brief Uphold’s Founders’ View of Electoral College Read More »

New article shows how 18th century law helps us understand the Constitution

CONSTITUTION, Eminent Domain, ObamaCare, Supreme Court | July 10, 2018

“Living Constitutionalists” sometimes claim erroneously that recovering the Constitution’s original meaning is impractical.

New article shows how 18th century law helps us understand the Constitution Read More »

Why constitutional commentators need to know Latin

CONSTITUTION | June 29, 2018

The lack of a Latin requirement . . . has encouraged people to become constitutional commentators who are more interested in advancing political agendas than sound constitutional law.

Why constitutional commentators need to know Latin Read More »

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