The unstated goal is to change the balance of power among humans—and to undermine democracy and the rule of law.
Rights for a River? An Effort to Undermine Democracy and Make the Law Unfair Read More »
The Farmer letters went well beyond asserting the case against taxation without representation; they also helped clarify American constitutional thinking on other questions, including: Which government responsibilities should be exercised centrally and which locally?
John Dickinson’s ‘Farmer’ Letters on Their 250th Anniversary Read More »
[B]ecause almost everyone conforms in most respects to prevailing social practices, disqualification for such conduct is necessarily arbitrary and driven more by politics than by merit.
Why removing historical monuments is a bad idea Read More »
So when is local control good in reality rather than merely as a slogan?
State protection for citizen rights should temper ‘local control’ Read More »
This article first appeared Aug. 15, 2017 in The Hill. Representatives of state legislatures from across the nation will converge
How the States Have Used the “Convention of States” Procedure Read More »
. . . law professors often corrupt their understanding of the Constitution with their own political preferences. . .
A Response to a “Living Constitutionalist” Read More »
Representatives of state legislatures from across the nation will converge in Phoenix, Arizona on Sept. 12 to participate in a
How a ‘convention of states’ could tweak the Constitution Read More »
Introduction Conventions of states, and before Independence of colonies, have met frequently over the past three centuries. A “Convention for
List of Conventions of States and Colonies in American History Read More »
. . . 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 »
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 »
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 »
The idea of a balanced budget amendment to the U.S. Constitution (BBA) has been highly popular since the 1970s. Yet
How Should We Draft a Balanced Budget Amendment? Read More »
