A Response to a “Living Constitutionalist”
. . . law professors often corrupt their understanding of the Constitution with their own political preferences. . .
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How a ‘convention of states’ could tweak the Constitution
Representatives of state legislatures from across the nation will converge in Phoenix, Arizona on Sept. 12 to participate in a
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Part II: What Can We Do About Legal Realism and Its Promotion of Judicial Activism?
. . . the problem centers in specific institutions: American law schools and the higher reaches of the judiciary.
Part II: What Can We Do About Legal Realism and Its Promotion of Judicial Activism? Read More »
Part I: Judicial activism: Here’s a core reason for it you’ve never heard about
The Founders erected the American legal system to operate in the context of Anglo-American judicial values. The rules placed expressly or implicitly in the Constitution . . . were designed to operate in that context. However, the context changed.
Part I: Judicial activism: Here’s a core reason for it you’ve never heard about Read More »
Drafting a Balanced Budget Amendment: It’s tougher than you might think
Of course, it is one thing to criticize, but another to try to craft something better.
Drafting a Balanced Budget Amendment: It’s tougher than you might think Read More »
If you want to win a Supreme Court case, it helps to play to “progressive” values
Observe how many of the Left’s ideological buttons the plaintiff’s lawyers pushed: non-profit, recycling, mandatory government fee, poverty, disabilities, environment—and that interminably-overused mantra: community.
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With due respect to the Supreme Court, some campaign finance laws are unconstitutional
But Citizens United included a second decision, one rarely mentioned. In this part of the case, the court upheld federal laws requiring contributors to political ads to publicly reveal their names. Unlike the first ruling, the second was a constitutional mistake. Although the court has since reaffirmed its position, it should promptly reconsider.
With due respect to the Supreme Court, some campaign finance laws are unconstitutional Read More »
The last convention of states ever held? It Centered on the Upper Colorado River
“This latest convention of states operated according to standard convention of states protocols.”
The last convention of states ever held? It Centered on the Upper Colorado River Read More »
Supreme Court’s Ruling Against the PC Police
The Supreme Court’s decision this week in Matal v. Tam sent a clear warning to government officials who seek to curtail speech
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The Define and Punish Clause doesn’t authorize vast federal power either
Legal commentators have spread a good deal of ink trying to show that the Constitution authorizes the enormous expansion of
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Fake News: How Leading Liberal Newspapers Spread the “Runaway Convention” Story
Although there were scattered antecedents, “runaway convention” claims and certain associated myths were first distributed widely during the 1960s and
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The Convention of States in American History
In this short essay, constitutional historian Rob Natelson thumbnails the three-centuries long history of “conventions of the states.” When delegations
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