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The Little-Known—but Seminal—York Town Convention of 1777

Article V, CONSTITUTION, Uncategorized | January 8, 2012

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

CONSTITUTION, Uncategorized | January 2, 2012

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”

CONSTITUTION, Uncategorized | December 25, 2011

From time to time I punch holes in “progressive” myths about the Constitution and the American Founding. But conservatives and

To “regulate” Commerce means more than to “make it regular” Read More »

Original intent? Understanding? Meaning?

CONSTITUTION, Uncategorized | December 9, 2011

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

CONSTITUTION, Uncategorized | December 4, 2011

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?

CONSTITUTION, ObamaCare | November 27, 2011

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 »

Dr. Krugman’s Rants

CONSTITUTION | November 20, 2011

“I think too much realism can actually be a problem.” – Paul Krugman on the PBS Charlie Rose Show, Oct.

Dr. Krugman’s Rants Read More »

Congress, Butt Out! The Constitution Reserves Malpractice Reform for the States

CONSTITUTION, Uncategorized | November 20, 2011

In their zeal to adopt a federal malpractice reform bill to dictate procedures to state courts, many Republicans in Congress

Congress, Butt Out! The Constitution Reserves Malpractice Reform for the States Read More »

What A Little-Known Colonial Pamphlet Tells Us About the Constitution

CONSTITUTION, Uncategorized | November 11, 2011

Between 1764 and the Declaration of Independence in 1776 Americans produced a rich series of pamphlets and resolutions listing their

What A Little-Known Colonial Pamphlet Tells Us About the Constitution Read More »

How Congress Took Control of Indians’ Lives

CONSTITUTION, Uncategorized | October 28, 2011

Just as Congress has stretched its Interstate Commerce Power into authority over the entire national economy, so it has used

How Congress Took Control of Indians’ Lives Read More »

Yet another “progressive” argument for an unlimited Commerce Power doesn’t add up

CONSTITUTION, ObamaCare, Uncategorized | October 21, 2011

As I’ve pointed out before in this column, there is a sort of cottage industry among “progressive” law professors that

Yet another “progressive” argument for an unlimited Commerce Power doesn’t add up Read More »

Attacks on the Modern Tea Party Resemble Abuse British Tories Hurled at American Patriots

CONSTITUTION, Uncategorized | October 16, 2011

“Criminals!” “Frenzy!” Does this sound like the abuse that apologists for Big Government fling at the modern Tea Party? It

Attacks on the Modern Tea Party Resemble Abuse British Tories Hurled at American Patriots Read More »

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