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TikTok and the First Amendment

CONSTITUTION, Supreme Court | January 23, 2025

Is spying constitutionally-protected “freedom of speech” or “freedom of the press” because it is conducted by an internet application?

TikTok and the First Amendment Read More »

Bye-Bye Biden: The Departure of America’s Worst President

Article V, CONSTITUTION | January 21, 2025

Biden was unique in scoring poorly not just on one or two of the factors academics use for demoting presidents, but on several.

Bye-Bye Biden: The Departure of America’s Worst President Read More »

The Case for ‘Right to Work’ in Colorado

CONSTITUTION | January 17, 2025

Since Colorado “progressives” have decided to blow up the long-standing Labor Peace Act, the rest of us have an opportunity to replace it with something better.

The Case for ‘Right to Work’ in Colorado Read More »

An Amendments Convention is a “Convention of the States”—the Evidence Continues to Pile Up

Article V, CONSTITUTION | January 12, 2025

The Founding-era evidence on this point is both massive and uncontradicted.

An Amendments Convention is a “Convention of the States”—the Evidence Continues to Pile Up Read More »

Constitutional trouble for Colorado’s National Popular Vote scheme

Colorado Constitution, CONSTITUTION | January 10, 2025

Two new SCOTUS decisions make it clear NPV violates the Colorado Constitution.

Constitutional trouble for Colorado’s National Popular Vote scheme Read More »

The Biden Presidency: The Worst in History?

CONSTITUTION | December 24, 2024

Most Presidents near the bottom of survey lists are there principally because of a failure on one or two survey criteria . . . What is striking about the Biden presidency is its failure over a wide range of criteria.

The Biden Presidency: The Worst in History? Read More »

The Electoral College in Context

CONSTITUTION | November 5, 2024

The Electoral College is a necessary part of a wider presidential election system, which in turn is the result of many factors, not just a few.

The Electoral College in Context Read More »

Insights into the Constitution from English Social History

CONSTITUTION | October 7, 2024

Eighteenth Century social history helps us understand why the Constitution was written as it was.

Insights into the Constitution from English Social History Read More »

How the New York Bill of Rights Helped Lead to the U.S. Bill of Rights

CONSTITUTION | October 3, 2024

John Lansing, Jr. used the New York Bill of Rights as one basis for the proposed constitutional amendments drafted by James Madison.

How the New York Bill of Rights Helped Lead to the U.S. Bill of Rights Read More »

Major Problems in Montana’s CI-128 (the Abortion Initiative)

CONSTITUTION, Montana Constitution | September 26, 2024

CI-128, if enacted, could be used as a legal wedge for child mutilation and the invasion of women’s sports by biological males.

Major Problems in Montana’s CI-128 (the Abortion Initiative) Read More »

Direct Taxes and the Founders’ Originalism

CONSTITUTION, Supreme Court | August 29, 2024

If the Framers had believed the Constitution would be construed by any rules other than those then prevailing, they would have worded it very differently.

Direct Taxes and the Founders’ Originalism Read More »

What Palestine Was Like Before It was the State of Israel

CONSTITUTION | August 26, 2024

Before the Jewish people started returning to Palestine, Mark Twain visited and saw a sparsely-populated place of human misery.

What Palestine Was Like Before It was the State of Israel Read More »

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