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Federal “Campaign Finance” Laws are Mostly Unconstitutional

CONSTITUTION, Constitution Uncategorized | October 14, 2012

In a recent posting, I wrote: [I]t is dubious whether the Constitution even gives Congress power to regulate the source […]

Federal “Campaign Finance” Laws are Mostly Unconstitutional Read More »

The Supreme Court’s Citizens United Corporate Campaign case Should Be Controversial—But Not for the Reason You Think

CONSTITUTION, Constitution Uncategorized, Supreme Court | September 30, 2012

If you have any doubt about the ability of the political Left to set the agenda in this country, look

The Supreme Court’s Citizens United Corporate Campaign case Should Be Controversial—But Not for the Reason You Think Read More »

Constitutional Arcana: The Forgotten Navigation Convention of 1786

Article V, CONSTITUTION, Constitution Uncategorized | August 19, 2012

In an earlier post, I reported that the Constitutional Convention of 1787 was far from unique: that during the lifetime

Constitutional Arcana: The Forgotten Navigation Convention of 1786 Read More »

Obamacare Decision Suggests U.S. Malpractice Bill Unconstitutional

CONSTITUTION, Constitution Uncategorized, ObamaCare, Supreme Court | July 27, 2012

Little-noticed amid the commentary on the Supreme Court’s health care decision is the decision’s blow to congressional efforts to federalize

Obamacare Decision Suggests U.S. Malpractice Bill Unconstitutional Read More »

A Colonial Pamphlet Helps Show Why the Constitution’s Necessary and Proper Clause Granted No Power

CONSTITUTION, Constitution Uncategorized | July 11, 2012

Learn more: Hear a podcast on this subject. As I have noted before (for example, here and here) pamphlets written

A Colonial Pamphlet Helps Show Why the Constitution’s Necessary and Proper Clause Granted No Power Read More »

New “how to” paper on proposing constitutional amendments by convention

Article V, CONSTITUTION | June 26, 2012

The Independence Institute has published my new Issue Paper, Amending the Constitution by Convention: Practical Guidance for Citizens and Policymakers.

New “how to” paper on proposing constitutional amendments by convention Read More »

Hey, if Elizabeth Warren is Indian, then maybe I am, too!

CONSTITUTION | June 1, 2012

I confess to a several personal emotions in reaction to the Elizabeth Warren case. Elizabeth Warren, if you recall, is

Hey, if Elizabeth Warren is Indian, then maybe I am, too! Read More »

New History of Founding Era Conventions

Article V, CONSTITUTION, Constitution Uncategorized | April 24, 2012

Very few people know that the Constitutional Convention of 1787 only the last of nearly 20 other conventions in which

New History of Founding Era Conventions Read More »

Did the Founders expect the Courts to Declare Laws Unconstitutional?

CONSTITUTION, Constitution Uncategorized, Supreme Court | April 15, 2012

Every so often I’m asked whether the Founders anticipated judicial review. In other words, whether the Founders expected the courts

Did the Founders expect the Courts to Declare Laws Unconstitutional? Read More »

"How could a former con law professor be so ignorant?"

CONSTITUTION, ObamaCare | April 8, 2012

Quite a few people have asked me how President Obama, as a “former constitutional law professor,” could prove so ignorant

"How could a former con law professor be so ignorant?" Read More »

House Rules Committee: “Violate Your Oath No Matter How You Vote!”

CONSTITUTION, ObamaCare | March 15, 2012

It’s a stunning betrayal of all those hardworking, pro-Constitution Americans who gave U.S. House Republicans their majority. Republicans controlling the

House Rules Committee: “Violate Your Oath No Matter How You Vote!” Read More »

Why an Amendments Convention is not a “Constitutional Convention”

Article V, CONSTITUTION, Constitution Uncategorized | March 4, 2012

Sometimes a convention for proposing amendments to the U.S. Constitution is referred to as a “constitutional convention.” That title is

Why an Amendments Convention is not a “Constitutional Convention” Read More »

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