A Modern Quasi-Convention of States
Many opponents of an Article V convention seem to think that it would be a nearly unique event, for which […]
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Is the Obamacare Mandate Unconstitutional Because It Originated in the Senate?
The Patient Protection and Affordable Care Act (PPACA or “Obamacare”) imposes a sliding-scale financial penalty on people who do not
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A New Triumph for the Right to Keep and Bear Arms (and for II's Dave Kopel)
A federal court of appeals has just vindicated the Second Amendment right to keep and bear arms in a big
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Rob’s Harvard Article on “Recess Appointments” Is Published—and Goes to the Supreme Court
Last May, I reported that litigation over President Obama’s “recess appointments” was going to the Supreme Court. In fact, oral
Struggling With Nullification
Does a state have the right to nullify federal statutes the state considers unconstitutional? This depends largely on how you
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Obaminable Nullification & Division Among Constitutionalists
“Progressives” often attack as indefensible proposals by some conservatives that states nullify federal laws those states deem unconstitutional. But “progressive”
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The Santa Fe Convention: A 20th Century Convention of States
For over 300 years, American states (and before Independence, American colonies) have cooperated with each other as equal sovereigns to
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The Framers’ Bloopers
The Constitution’s Framers were very great men, but they were not gods. They made mistakes. By “mistakes,” I’m not talking
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Lessons For Federalism from Colorado’s Pot “Legalization”
(An earlier version of this post appeared on the website of The American Thinker.) It’s ironic that one of the
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Bennett-Burr “Bipartisanship” = Yet Another Federal Power Grab
When politicians start talking about “bi-partisan cooperation,” smart citizens get nervous. It usually means another transfer of freedom and taxes
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A Summary of How States Push Back Against Washington
The Cato Institute has published a new paper by Professor John Dinan that summarizes all the credible ways in which
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How the Contracts Clause was gutted—and how SCOTUS’ early efforts to correct this have been ignored
The Constitution lists several things states may not do. Article I, Section 10 provides that “No State shall . .