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Is the Nomination of Amy Coney Barrett Unconstitutional?

CONSTITUTION, Supreme Court | October 20, 2020

[T]he statements by Biden, Leahy, and Feingold are flatly incorrect. The current proceedings are neither “unconstitutional” nor “illegitimate” nor an attempt to “steal” anything.

Is the Nomination of Amy Coney Barrett Unconstitutional? Read More »

The “right to travel”

CONSTITUTION | May 10, 2020

Most people would recognize the right to travel as an inherent, natural right of free people, and the courts say that it is the Constitution. But is it really there?

The “right to travel” Read More »

Civics 101: How to understand the Constitution

CONSTITUTION | May 3, 2020

“Here’s an important, but widely overlooked, feature: The document doesn’t grant power only to federal officials. It also confers power on persons and entities who are not part of the U.S. government at all.”

Civics 101: How to understand the Constitution Read More »

New article shows how amendments conventions and other “federal functions” are regulated

Article V, CONSTITUTION | April 21, 2020

“[A]nother mistake is that because an amendments convention executes a federal function, Congress can control it. But . . . the rules and protocols for carrying out federal functions come from the Constitution, not from Congress.”

New article shows how amendments conventions and other “federal functions” are regulated Read More »

City destroys home without paying: Will the Supreme Court take the case?

CONSTITUTION, Eminent Domain | March 26, 2020

The Takings Clause in the Fifth Amendment to the U.S. Constitution . . . reads in part, “nor shall private property be taken for public use, without just compensation.”

City destroys home without paying: Will the Supreme Court take the case? Read More »

Denver’s COVID-19 house arrest order is probably unconstitutional

CONSTITUTION | March 24, 2020

“[Denver] has overreacted and has potentially violated the constitutional rights of city residents and millions of others.

Denver’s COVID-19 house arrest order is probably unconstitutional Read More »

Video: Rob Natelson and Jon Caldara discuss “Nat’l Popular Vote” & protecting the Electoral College’s integrity

CONSTITUTION | March 22, 2020

Rob explains why II submitted a Supreme Court brief to protect presidential elector discretion and why the National Popular Vote Compact is a terrible idea

Video: Rob Natelson and Jon Caldara discuss “Nat’l Popular Vote” & protecting the Electoral College’s integrity Read More »

Underselling Originalism

CONSTITUTION, Uncategorized | March 16, 2020

Originalism is not a modern invention “[T]he ‘intent of the makers’ had been the lodestar of documentary construction since at least the 1500s.”

Underselling Originalism Read More »

Global warming and the Constitution’s amendment process: How to tell whether a ‘consensus’ Is true

Article V, CONSTITUTION | March 11, 2020

How academics formed a completely erroneous “consensus” about the convention procedure of Article V.

Global warming and the Constitution’s amendment process: How to tell whether a ‘consensus’ Is true Read More »

Two new briefs in the Supreme Court’s Electoral College case

Article V, CONSTITUTION | March 6, 2020

[The integrity of presidential electors] has taken on great urgency as “progressive” state legislatures increasingly meddle with free elections.

Two new briefs in the Supreme Court’s Electoral College case Read More »

New article: 18th century law shows impeachment requires a crime

CONSTITUTION | March 6, 2020

Examples of high misdemeanors . . . were bribery, assault, and attempted murder.

New article: 18th century law shows impeachment requires a crime Read More »

The new ERA campaign: constitutional malware

Article V, CONSTITUTION | February 12, 2020

The incentives behind the campaign are obvious. The ERA is poorly drafted and vague (which is why it was rejected). If it became part of the Constitution, the result would be legal chaos. Activists know they would be able to feed off that chaos . . . .

The new ERA campaign: constitutional malware Read More »

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