By granting certiorari in Fisher v. University of Texas, the Supreme Court has a chance to correct one of the […]
Supreme Court has chance to end state university ethnic discrimination Read More »
“But still the people themselves must be the chief support of liberty. While the great body of the freeholders are
Ignorance + Depravity –> Slavery + Ruin Read More »
Opponents of popular government, such as those now challenging Colorado’s Taxpayer Bill of Rights (TABOR), argue that when a state
If you want to know more about the Constitution, don’t rely exclusively—or even primarily—on the Federalist Papers. For a good
Neat Stuff We Learn About the Constitution When We Go Beyond The Federalist Papers Read More »
In an earlier post, I reported that the Constitutional Convention of 1787 was far from unique: that during the lifetime
Constitutional Arcana: The Forgotten Navigation Convention of 1786 Read More »
Die-hards attacking Coloradans’ constitutional right to personally vote on tax increases won an unexpected victory in federal court when Judge
In NFIB v. Sebelius (the Obamacare decision) a 7-2 majority voided that part of the law that required states to
Yes, the Supreme Court’s Medicaid Decision was Good Contract Law Read More »
Little-noticed amid the commentary on the Supreme Court’s health care decision is the decision’s blow to congressional efforts to federalize
Obamacare Decision Suggests U.S. Malpractice Bill Unconstitutional Read More »
The writings of James Madison still offer useful guidance for states seeking to restrain federal overreaching. Akron Law Review has
New Article: James Madison, Federal Overreaching, and Amendments Conventions Read More »
Learn more: Hear a podcast on this subject. As I have noted before (for example, here and here) pamphlets written
The Montana Supreme Court won praise for its recitation of history in its recent corporate finance case, Western Tradition Partnership
Montana Supreme Court’s “History” Turns Out To Be Weak Read More »
