Does the Necessary and Proper Clause Grant “Broad Authority” to Congress? Actually, None at All
Probably no part of the Constitution has been so misunderstood as the Necessary and Proper Clause, which is located at […]
What about Interstate Compacts? A frank look at the problems
In recent months, there has been interest in states forming compacts with each other to opt out of ObamaCare or
What about Interstate Compacts? A frank look at the problems Read More »
Constitutional powers the states have, and the feds do not
The Constitution enumerates the power of the federal government—but are there authoritative lists of those powers reserved to the states
Constitutional powers the states have, and the feds do not Read More »
The importance of being “natural born”
The Constitution’s Framers thought deeply about the qualifications for federal office. Those qualifications are in the Constitution for very good
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Control of the state courts—the latest federal takeover target?
[T]his bill . . . is an attack on state courts and on the civil jury system itself.
Control of the state courts—the latest federal takeover target? Read More »
Is health insurance “Commerce among the States?”
Behind the current constitutional debates over ObamaCare, there is an assumption that Congress has power to regulate health insurance as
Is health insurance “Commerce among the States?” Read More »
Obama’s Libyan Operations are Unconstitutional
You can sympathize with the humanitarian motives of our Libyan intervention while still doubting its constitutionality. The Constitution prescribes the
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The Constitution and Property Rights
It is sometimes suggested that the Founders did not consider property rights important because the term “property” was mentioned only
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Corrective Constitutional Amendments?
“A state without the means of some change is without the means of its conservation. Without such means it might
Corrective Constitutional Amendments? Read More »
The U.S. Budget Situation is Worse than Even You Imagined
Last week, Senator John Kerry (D.-Mass) was unhappy with a Republican plan to cut as much as $61 billion out
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Supreme Court’s New First Amendment Decision Unrelated to the First Amendment
Commentators and journalists sometimes describe the current U.S. Supreme Court as “conservative.” But that’s not true if your definition of
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New paper summarizes rules for amending the Constitution
Our sister institution, The Goldwater Institute in Phoenix, Arizona has just published my paper, Amending the Constitution by Convention: Practical
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