Do States Have a Right to Secede?
The news that thousands of people have signed a petition for their own states to secede from the union has […]
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Why States Must Shun the Obamacare Medicaid Expansion
During the Obamacare case before the Supreme Court, the Independence Institute argued that the law’s provisions forcing the states to
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Bans on Political Party Endorsements of Judges Held Invalid
A federal appeals court has struck down a Montana law forbidding political parties from endorsing candidates in non-partisan judicial elections.
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Did the Founders’ Constitution Permit Federal Tort Reform?
NOTE: The photo shows the author at the sundial in James Madison’s garden at Montpelier, VA. On behalf of the
Did the Founders’ Constitution Permit Federal Tort Reform? Read More »
“Necessary and Proper” = “Necessaria et Opportuna”
To justify the huge growth of federal regulations over the last few decades, lawyers and judges frequently cite the Constitution’s
“Necessary and Proper” = “Necessaria et Opportuna” Read More »
What now?
The November 6 election outcome has many friends of the Constitution dispirited. As so often before, they hoped that by
The Constitution and One State's "Campaign Finance Reform" Mess
From Montana come valuable lessons about campaign finance “reform.” Montana has a long history of adopting restrictive campaign laws. But
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New II Issue Paper Rebuts Myth that Citizen Review of Laws and Taxes Violates the Republican Form
If you are exposed to enough politics, sooner or later you’ll hear the old saw that the U.S. is “a
Obama's "American Jobs Act" Ploy Convinces Some, Anyway
The Obama administration’s “American Jobs Act”—a token measure forgotten by all but a few—is back in the news. Just over
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Federal “Campaign Finance” Laws are Mostly Unconstitutional
In a recent posting, I wrote: [I]t is dubious whether the Constitution even gives Congress power to regulate the source
Federal “Campaign Finance” Laws are Mostly Unconstitutional Read More »
Celebrating Justice O’Connor: Parade Magazine Muffs the Job
Yesterday’s Parade Magazine, the Sunday insert, featured a cover article on former Supreme Court Justice Sandra Day O’Connor. It was
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The Supreme Court’s Citizens United Corporate Campaign case Should Be Controversial—But Not for the Reason You Think
If you have any doubt about the ability of the political Left to set the agenda in this country, look