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Defects in the Supremes' holding that the Obamacare penalty is a "tax"

CONSTITUTION, ObamaCare, Supreme Court | June 28, 2012

For a podcast covering this subject in more detail, click here. Under the Constitution’s original meaning, the Supreme Court’s holding […]

Defects in the Supremes' holding that the Obamacare penalty is a "tax" Read More »

New “how to” paper on proposing constitutional amendments by convention

Article V, CONSTITUTION | June 26, 2012

The Independence Institute has published my new Issue Paper, Amending the Constitution by Convention: Practical Guidance for Citizens and Policymakers.

New “how to” paper on proposing constitutional amendments by convention Read More »

Thank goodness for the First Amendment

CONSTITUTION, Uncategorized | June 24, 2012

We just returned from Britain, where there is chilling discussion about imposing more regulation on the press. The occasion is

Thank goodness for the First Amendment Read More »

Obamacare and “Commerce:” Does A Include Not-A?

CONSTITUTION, ObamaCare | June 19, 2012

On the eve of the Supreme Court’s decision over Obamacare’s individual mandate, attention is been focused on the challengers’ argument

Obamacare and “Commerce:” Does A Include Not-A? Read More »

In modern politics, the “extremists” are usually those labeling others with that word

CONSTITUTION, Uncategorized | June 10, 2012

A key Democratic Party tactic being used against incumbent Republican Congressman Mike Coffman (R.-Colo.) is to brand him an “extremist.”

In modern politics, the “extremists” are usually those labeling others with that word Read More »

Hey, if Elizabeth Warren is Indian, then maybe I am, too!

CONSTITUTION | June 1, 2012

I confess to a several personal emotions in reaction to the Elizabeth Warren case. Elizabeth Warren, if you recall, is

Hey, if Elizabeth Warren is Indian, then maybe I am, too! Read More »

Another Federal Real Estate Screw-Up

CONSTITUTION, Uncategorized | May 27, 2012

One of the clearest messages from the American Founding was that the Constitution left regulation of private land within state boundaries

Another Federal Real Estate Screw-Up Read More »

Original Intent, Original Understanding, Original Meaning

CONSTITUTION, Uncategorized | May 19, 2012

It is often said that the Constitution should be interpreted according to its “original intent, “original understanding,” or “original meaning.”

Original Intent, Original Understanding, Original Meaning Read More »

The disastrous student loan mess

CONSTITUTION, Uncategorized | May 13, 2012

You have to wonder how many other things the federal government will louse up before people demand a return to

The disastrous student loan mess Read More »

New History of Founding Era Conventions

Article V, CONSTITUTION, Uncategorized | April 24, 2012

Very few people know that the Constitutional Convention of 1787 only the last of nearly 20 other conventions in which

New History of Founding Era Conventions Read More »

The Constitution’s officers

CONSTITUTION, Uncategorized | April 21, 2012

Proceeding on the very reasonable theory that the Founders knew what they were doing . . . Seth Barrett Tillman has spent considerable effort reconstructing the meanings of different office/officer phrases.

The Constitution’s officers Read More »

Did the Founders expect the Courts to Declare Laws Unconstitutional?

CONSTITUTION, Supreme Court, Uncategorized | April 15, 2012

Every so often I’m asked whether the Founders anticipated judicial review. In other words, whether the Founders expected the courts

Did the Founders expect the Courts to Declare Laws Unconstitutional? Read More »

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