The Great Forgetting
The meaning of some of the Constitution’s 18th century terminology was lost during the 19th century, leading to widespread misunderstanding.
The Great Forgetting Read More »
Contraceptives and Catholic hospitals: The primary issue is Obamacare, not the First Amendment
Does the mandate forcing Catholic hospitals to offer abortifacients and contraception violate the First Amendment? The surprising answer is: Probably
Some Questions for “Progressives” Carping about the Citizens United Campaign Finance Case
The Supreme Court’s decision in Citizens United v. FEC has generated a great deal of uninformed, and sometimes hypocritical, whining.
The Little-Known—but Seminal—York Town Convention of 1777
The U.S. Constitution authorizes a “convention for proposing amendments” to offer amendments for ratification (or rejection) by the states. The
The Little-Known—but Seminal—York Town Convention of 1777 Read More »
More Constitutional Baby Babble—this time at Vanity Fair
Vanity Fair’s sophisticated approach to rescuing a drowning man is this: Lecture him about how we all need plenty of
More Constitutional Baby Babble—this time at Vanity Fair Read More »
Congress, Butt Out! The Constitution Reserves Malpractice Reform for the States
In their zeal to adopt a federal malpractice reform bill to dictate procedures to state courts, many Republicans in Congress
Congress, Butt Out! The Constitution Reserves Malpractice Reform for the States Read More »
The Fascinating Story of How the States Used the Constitution’s Amendment Procedure to Adopt Reform, 1789-1913
Common sense tells us that an out-of-control Congress is not going to rein in its own power. The American Founders
Confused About an Article V Amendments Convention? New Article Provides Answers
As I predicted in this column, Congress’s continued inability to deal effectively with the debt crisis is AGAIN provoking interest
Confused About an Article V Amendments Convention? New Article Provides Answers Read More »
The greatly misunderstood Chief Justice John Marshall
One of the most enduring myths in American constitutional history is that Chief Justice John Marshall was a judicial activist
The greatly misunderstood Chief Justice John Marshall Read More »
Reining in Congress: An Enforceable Balanced Budget Amendment
There is growing sentiment that one or more constitutional amendments may be necessary to rein in the runaway Congress. The
Reining in Congress: An Enforceable Balanced Budget Amendment Read More »
The 1798 “Act for the Relief of Sick and Disabled Seamen:” Yet another “progessive” irrelevancy
As Tom Woods points out on his blog, advocates of Obamacare have dug up a 1798 federal statute that, they
Time Mag’s Constitutional Baby Babble
Several readers sent me for comment a lengthy cover article in Time Magazine by managing editor Richard Stengel. Stengel’s piece
Time Mag’s Constitutional Baby Babble Read More »