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A New Triumph for the Right to Keep and Bear Arms (and for II's Dave Kopel)

CONSTITUTION | February 14, 2014

A federal court of appeals has just vindicated the Second Amendment right to keep and bear arms in a big […]

A New Triumph for the Right to Keep and Bear Arms (and for II's Dave Kopel) Read More »

Rob’s Harvard Article on “Recess Appointments” Is Published—and Goes to the Supreme Court

CONSTITUTION, Supreme Court, Uncategorized | February 8, 2014

Last May, I reported that litigation over President Obama’s “recess appointments” was going to the Supreme Court. In fact, oral

Rob’s Harvard Article on “Recess Appointments” Is Published—and Goes to the Supreme Court Read More »

Struggling With Nullification

CONSTITUTION, ObamaCare, Supreme Court, Uncategorized | February 3, 2014

Does a state have the right to nullify federal statutes the state considers unconstitutional? This depends largely on how you

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Obaminable Nullification & Division Among Constitutionalists

CONSTITUTION, Supreme Court, Uncategorized | January 24, 2014

“Progressives” often attack as indefensible proposals by some conservatives that states nullify federal laws those states deem unconstitutional. But “progressive”

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The Santa Fe Convention: A 20th Century Convention of States

Article V, CONSTITUTION, Uncategorized | January 17, 2014

For over 300 years, American states (and before Independence, American colonies) have cooperated with each other as equal sovereigns to

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The Framers’ Bloopers

CONSTITUTION, Supreme Court, Uncategorized | January 12, 2014

The Constitution’s Framers were very great men, but they were not gods. They made mistakes. By “mistakes,” I’m not talking

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Lessons For Federalism from Colorado’s Pot “Legalization”

CONSTITUTION, ObamaCare, Supreme Court | January 4, 2014

(An earlier version of this post appeared on the website of The American Thinker.) It’s ironic that one of the

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Bennett-Burr “Bipartisanship” = Yet Another Federal Power Grab

CONSTITUTION, Supreme Court, Uncategorized | December 29, 2013

When politicians start talking about “bi-partisan cooperation,” smart citizens get nervous. It usually means another transfer of freedom and taxes

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A Summary of How States Push Back Against Washington

Article V, CONSTITUTION | December 28, 2013

The Cato Institute has published a new paper by Professor John Dinan that summarizes all the credible ways in which 

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How the Contracts Clause was gutted—and how SCOTUS’ early efforts to correct this have been ignored

CONSTITUTION, Supreme Court, Uncategorized | December 17, 2013

The Constitution lists several things states may not do. Article I, Section 10 provides that “No State shall . .

How the Contracts Clause was gutted—and how SCOTUS’ early efforts to correct this have been ignored Read More »

The Meaning of the Commerce Power and Congress’s and the Courts’ Use (And Abuse) Of It

CONSTITUTION, ObamaCare, Supreme Court, Uncategorized | December 14, 2013

Are you interested in the true meaning of, and limits on, the Constitution’s much-abused Commerce Power? In a speech at

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Politicos Pigging Out on the Cash You Pay for Gas

CONSTITUTION, Uncategorized | December 8, 2013

The Framers drafted the Constitution to grant Congress some powers to construct infrastructure. For example, the Commerce Clause, as originally

Politicos Pigging Out on the Cash You Pay for Gas Read More »

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