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Are constitutional amendments coming?

Article V, CONSTITUTION | April 28, 2022

Far from authorizing more federal power, amendments almost certainly will reduce federal prerogatives and edge us toward decentralization.

Are constitutional amendments coming? Read More »

Did the Iroquois Confederation influence the Constitution? A myth they may be teaching your children

CONSTITUTION | April 22, 2022

The Iroquois Confederation is a worthy subject for study . . . . However, students should not be taught that it had any significant effect on the American Union or on the Constitution.

Did the Iroquois Confederation influence the Constitution? A myth they may be teaching your children Read More »

Using the Constitution to Re-Rank the Presidents

CONSTITUTION | April 10, 2022

Grover Cleveland belongs in the top 20 . . . Similarly, Calvin Coolidge should be in the top 20 . . . Lyndon Johnson belongs in the bottom five.

Using the Constitution to Re-Rank the Presidents Read More »

A Preliminary Response to Prof. Ablavsky’s “Indian Commerce Clause” Attack

CONSTITUTION, Supreme Court | April 7, 2022

An advocate of vast congressional power takes quotes out of context, misrepresents what others say, and makes historical errors

A Preliminary Response to Prof. Ablavsky’s “Indian Commerce Clause” Attack Read More »

The ‘Independent Legislature Doctrine’—and why it frightens many on the left

CONSTITUTION, Supreme Court | April 4, 2022

The hysteria has been matched only by the detractors’ astonishing constitutional ignorance.

The ‘Independent Legislature Doctrine’—and why it frightens many on the left Read More »

Indian Child Welfare Act: Another case of Congress’s overreach goes to the Supreme Court

CONSTITUTION, Supreme Court | April 3, 2022

The Constitution does not give Congress authority to regulate the adoption of children.

Indian Child Welfare Act: Another case of Congress’s overreach goes to the Supreme Court Read More »

The left’s attack on attorney-client confidentiality

CONSTITUTION | March 27, 2022

The Jan. 6 committee appears to have no more regard for the attorney-client privilege than for the Constitution’s Speech and Debate Clause.

The left’s attack on attorney-client confidentiality Read More »

The Electoral Count Act Is Unconstitutional

CONSTITUTION | March 23, 2022

The most important problem with the Electoral Count Act is that any law governing this “federal function” simply has no effect.

The Electoral Count Act Is Unconstitutional Read More »

SCOTUS should uphold the right of religious people to refuse to serve the LGBT agenda

CONSTITUTION, Supreme Court | March 19, 2022

The state and would-be “customers” interfering with [a religious] business model have no more constitutional standing than a thug who disrupts a church service or shouts down a speaker.

SCOTUS should uphold the right of religious people to refuse to serve the LGBT agenda Read More »

Supreme Court should recognize ‘diversity’ programs are about leftist politics, not education

CONSTITUTION, Supreme Court | March 14, 2022

There’s only one coherent explanation for such programs, and that is political.

Supreme Court should recognize ‘diversity’ programs are about leftist politics, not education Read More »

Understanding the Constitution: Why Biden is wrong to think the 9th Amendment protects abortion

CONSTITUTION | March 10, 2022

[The court should restore the Ninth Amendment. Enforcing it would not protect abortion . . . rather, it would reduce the federal government to its constitutional limits.

Understanding the Constitution: Why Biden is wrong to think the 9th Amendment protects abortion Read More »

War has a way of clarifying what’s important

CONSTITUTION | March 1, 2022

The male virtues are central to any well-functioning society.

War has a way of clarifying what’s important Read More »

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