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New evidence on the nature of amendments conventions

CONSTITUTION | April 8, 2019

Some opponents . . . try to communicate that Madison opposed all amendments conventions. This is certainly not true,

New evidence on the nature of amendments conventions Read More »

Some ‘Red Flag’ laws Are unconstitutional—and could kill more people than they save

CONSTITUTION, Supreme Court | April 5, 2019

Some red flag laws ignore traditional safeguards.

Some ‘Red Flag’ laws Are unconstitutional—and could kill more people than they save Read More »

Time to end the “emoluments” lawsuits against Trump

CONSTITUTION | April 1, 2019

Arms-length market transactions simply are not “emoluments” as the Constitution uses the word.

Time to end the “emoluments” lawsuits against Trump Read More »

More news on the Constitution’s ratification: the meaning of “militia” in the Second Amendment

CONSTITUTION | March 28, 2019

This passage leaves nothing to inference: Coxe states explicitly that the militia consists of every man from 16 to 60 years of age.

More news on the Constitution’s ratification: the meaning of “militia” in the Second Amendment Read More »

News on the Constitution’s ratification: More evidence the feds are exceeding their powers

CONSTITUTION | March 27, 2019

The Constitution created a strictly limited central government, which . . . would have no authority over religion, most criminal offenses, civil justice, social services, education, or most aspects of transportation or the economy.

News on the Constitution’s ratification: More evidence the feds are exceeding their powers Read More »

A wall against socialism

Article V, CONSTITUTION | March 11, 2019

If the Convention of States movement is successful, it will ensure that demagogues can never impose socialism in America.

A wall against socialism Read More »

Advocates of American socialism need to learn some lessons

CONSTITUTION, Constitution Uncategorized | March 4, 2019

British socialism as promoted by Bernard Shaw and his fellow “Fabians” was perhaps the gentlest form of socialism on the planet. Yet, this passage reads as if it were composed by Hitler.

Advocates of American socialism need to learn some lessons Read More »

Give our votes to California via National Popular Vote?NO WAY!

CONSTITUTION, NATIONAL POPULAR VOTE | March 1, 2019

Give our votes to New York and California? No way!

Give our votes to California via National Popular Vote?NO WAY! Read More »

Justice Thomas again shows he’s the Supreme Court’s only consistent originalist

CONSTITUTION, Supreme Court | February 25, 2019

Although Justice Thomas agreed that the protection against excessive fines applies to the states, he was the only member of the court to do so on plausible originalist grounds.

Justice Thomas again shows he’s the Supreme Court’s only consistent originalist Read More »

Justice Ginsburg’s possible incapacity and the case for term limits

CONSTITUTION, Supreme Court | February 11, 2019

A better constitutional amendment would be one permitting each justice a single long term—for example, 16 years—without possibility of re-appointment.

Justice Ginsburg’s possible incapacity and the case for term limits Read More »

Why the “National Popular Vote” scheme is unconstitutional

CONSTITUTION, NATIONAL POPULAR VOTE | February 4, 2019

NPV . . . with or without congressional approval . . . violates a central principle of constitutional law.

Why the “National Popular Vote” scheme is unconstitutional Read More »

What Is Originalism?

CONSTITUTION | January 28, 2019

Today the only consistent originalist on the Supreme Court is Justice Clarence Thomas.

What Is Originalism? Read More »

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