“Living Constitutionalists” sometimes claim erroneously that recovering the Constitution’s original meaning is impractical.
New article shows how 18th century law helps us understand the Constitution Read More »
A president . . . is subject to impeachment and removal for dishonesty, disloyalty, negligence, and the like. But he is not impeachable merely for mistakes in policy or reasonable disagreements over interpretation of the law.
Impeachment: What did the Founders mean by “High Misdemeanors?” Read More »
….. before the Constitution was signed . . . states passed laws violating the 1783 treaty with Britain . . . .
What Happens to America’s International Treaty Obligations When States “Legalize” Pot? Read More »
Functions outside the federal sphere were to include “social services, education, criminal law, civil justice, land use, and others.”
The Founders’ promises about what the Federal Government could NOT do Read More »
What does the Postal Power tell us about congressional delegation to administrative agencies?
The U.S. Post Office: the Constitution’s odd nod to socialism Read More »
The Constitution says that “on the Application of the Legislatures of two thirds of the several States, [Congress] shall call
New Study: only one state away from a convention to propose a balanced budget amendment Read More »
. . . if you want to apply the Founders’ own rules of interpretation to the Constitution, the understanding of the ratifiers is most important.
New information on the Constitution’s ratification — Part I: South Carolina Read More »
An extra-constitutional action may be legal or illegal.
Unconstitutional? Extra-Constitutional? What’s the difference? Read More »
So what was the understanding in 1787-90? I have pieced this together over many years. In a nutshell, here it is:
Is Federal Infrastructure Spending Unconstitutional? Read More »
Opponents then — like their successors today — claimed they were protecting the Constitution. But what they actually were (and are) doing is protecting judges and politicians who abuse their positions by changing constitutional rules without following the normal democratic process.
How the False Stories Against An Amendments Convention Got Started Read More »
Of course, the political establishment doesn’t want you to exercise this constitutional right. So they use the same tactics vote-suppressors use: disinformation and fear.
Responding to Fears of an Amendments Convention Read More »
The study indirectly absolves President Trump of claims that he is violating the Constitution by receiving profits from enterprises whose customers include foreign governments.
New Article: The President is Not Violating the Foreign Emoluments Clause Read More »
