First In a Series: John Dickinson Comes Into Prominence
This year marks the 250th anniversary of one of the most influential series of writings in American history.
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State protection for citizen rights should temper ‘local control’
So when is local control good in reality rather than merely as a slogan?
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Part I: Judicial activism: Here’s a core reason for it you’ve never heard about
The Founders erected the American legal system to operate in the context of Anglo-American judicial values. The rules placed expressly or implicitly in the Constitution . . . were designed to operate in that context. However, the context changed.
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Drafting a Balanced Budget Amendment: It’s tougher than you might think
Of course, it is one thing to criticize, but another to try to craft something better.
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With due respect to the Supreme Court, some campaign finance laws are unconstitutional
But Citizens United included a second decision, one rarely mentioned. In this part of the case, the court upheld federal laws requiring contributors to political ads to publicly reveal their names. Unlike the first ruling, the second was a constitutional mistake. Although the court has since reaffirmed its position, it should promptly reconsider.
With due respect to the Supreme Court, some campaign finance laws are unconstitutional Read More »
The last convention of states ever held? It Centered on the Upper Colorado River
“This latest convention of states operated according to standard convention of states protocols.”
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Supreme Court’s Ruling Against the PC Police
The Supreme Court’s decision this week in Matal v. Tam sent a clear warning to government officials who seek to curtail speech
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The Define and Punish Clause doesn’t authorize vast federal power either
Legal commentators have spread a good deal of ink trying to show that the Constitution authorizes the enormous expansion of
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Fake News: How Leading Liberal Newspapers Spread the “Runaway Convention” Story
Although there were scattered antecedents, “runaway convention” claims and certain associated myths were first distributed widely during the 1960s and
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The Convention of States in American History
In this short essay, constitutional historian Rob Natelson thumbnails the three-centuries long history of “conventions of the states.” When delegations
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Convention Rules for a Convention of the States
The convention of the states meeting in Phoenix, Arizona in September will need a set of rules. Moreover, that convention
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Where Congress’s Power to Regulate Immigration Comes From
Congress’s power to regulate immigration comes from the law of nations—the meaning of which many constitutional commentators are unfamiliar.
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