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 »
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 »
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 »
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 »
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 »
