II files unique Supreme Court brief in Obamacare case
We have just filed an amicus curiae (“friend of the court”) brief with the Supreme Court arguing that (1) under […]
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Contraceptives and Catholic hospitals: The primary issue is Obamacare, not the First Amendment
Does the mandate forcing Catholic hospitals to offer abortifacients and contraception violate the First Amendment? The surprising answer is: Probably
Are the detainment provisions of the 2012 National Defense Authorization Act serious?
Are the detainment provisions of the 2012 National Defense Authorization Act serious? Yes they are. This is a complicated area,
Are the detainment provisions of the 2012 National Defense Authorization Act serious? Read More »
Chickens come home to roost: Obama’s plan to cut federal aid to colleges that don’t limit tuition increases
I observe with some satisfaction that the higher-education establishment is finally learning that if you play with snakes you get
Some Questions for “Progressives” Carping about the Citizens United Campaign Finance Case
The Supreme Court’s decision in Citizens United v. FEC has generated a great deal of uninformed, and sometimes hypocritical, whining.
II submits brief to protect states from Obamacare bullying
II is submitting not merely one, but two separate brief to the U.S. Supreme Court opposing Obamacare. One will show
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The Little-Known—but Seminal—York Town Convention of 1777
The U.S. Constitution authorizes a “convention for proposing amendments” to offer amendments for ratification (or rejection) by the states. The
The Little-Known—but Seminal—York Town Convention of 1777 Read More »
Another Treasure Hunt: Tracking Down Bits from the American Founding
Every once in a while I tell about one of my historical treasure hunts. Here’s another: When the Constitution was
Another Treasure Hunt: Tracking Down Bits from the American Founding Read More »
To “regulate” Commerce means more than to “make it regular”
From time to time I punch holes in “progressive” myths about the Constitution and the American Founding. But conservatives and
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Original intent? Understanding? Meaning?
When the Constitution was written, there were specific legal rules about how one goes about interpreting constitutional phrases. Over the
Original intent? Understanding? Meaning? Read More »
More Constitutional Baby Babble—this time at Vanity Fair
Vanity Fair’s sophisticated approach to rescuing a drowning man is this: Lecture him about how we all need plenty of
More Constitutional Baby Babble—this time at Vanity Fair Read More »
Did Judge Silberman ask the Supreme Court to rein in Congress?
Two notes on the court challenges to Obamacare: First: The Supreme Court has agreed to hear the challenge to the
Did Judge Silberman ask the Supreme Court to rein in Congress? Read More »