In the Chiles case, Colorado officials claimed their enactment was a health measure. The justices likely recognized that this may have been a pretext.
Chiles v. Salazar: SCOTUS Voids Another Colorado Attack on the First Amendment Read More »
The memorandum is a “smoking gun” from a conspiracy to block a state-driven constitutional process in which the Constitution assigns to Congress almost no role.
Newly-Found Memo Discloses D.C. Establishment Efforts to Block an Article V Convention Read More »
The Major Questions Doctrine is in the Constitution because it simply is the logical obverse of the Doctrine of Incidental Authority, which pervades the Constitution.
Justice Gorsuch’s Take on the Major Questions Doctrine Read More »
When the Constitution was adopted, international law required declarations only for offensive, not defensive, conflicts.
Much of the original Colorado and Montana constitutions read like a libertarian wish list.
Constitutions of Liberty – Colorado, Montana & Other Western States Read More »
Learning Resources v. Trump was a lost opportunity to begin the process of nudging Congress back into its constitutional cage.
The Tariff Case—A Lost Opportunity Read More »
Today no recognized Article V scholar takes the “runaway convention” objection seriously.
Idaho considers an amendments convention Read More »
The 1876 Colorado Constitution protected economic and civil rights not found in the U.S. Constitution. Later, the 1889 Montana Constitution was to follow suit.
The 1876 Colorado Constitution’s extensive bill of rights Read More »
The truth is that under a fair reading of the Constitution, most of the projects DOGE found were themselves unconstitutional.
Lefty Claims that by Curbing Government Waste, Musk Violated the ‘Contitution’ Read More »
Authoritarian mandates do not belong in a constitution for a free people.
The Montana Constitution’s authoritarian mandates Read More »
CPR’s ad was dishonest. And dishonest advertising usually is a sign of a bad product.
The case for defunding public radio Read More »
Elite opinion aside, the Supreme Court has not aggressively attacked the bad precedents of the past century. Maybe it should.
Overturning the Twentieth Century? Read More »
