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Are constitutional amendments coming?

Article V, CONSTITUTION | April 28, 2022

Far from authorizing more federal power, amendments almost certainly will reduce federal prerogatives and edge us toward decentralization.

Are constitutional amendments coming? Read More »

Did the Iroquois Confederation influence the Constitution? A myth they may be teaching your children

CONSTITUTION | April 22, 2022

The Iroquois Confederation is a worthy subject for study . . . . However, students should not be taught that it had any significant effect on the American Union or on the Constitution.

Did the Iroquois Confederation influence the Constitution? A myth they may be teaching your children Read More »

Using the Constitution to Re-Rank the Presidents

CONSTITUTION | April 10, 2022

Grover Cleveland belongs in the top 20 . . . Similarly, Calvin Coolidge should be in the top 20 . . . Lyndon Johnson belongs in the bottom five.

Using the Constitution to Re-Rank the Presidents Read More »

A Preliminary Response to Prof. Ablavsky’s “Indian Commerce Clause” Attack

CONSTITUTION, Supreme Court | April 7, 2022

An advocate of vast congressional power takes quotes out of context, misrepresents what others say, and makes historical errors

A Preliminary Response to Prof. Ablavsky’s “Indian Commerce Clause” Attack Read More »

The left’s attack on attorney-client confidentiality

CONSTITUTION | March 27, 2022

The Jan. 6 committee appears to have no more regard for the attorney-client privilege than for the Constitution’s Speech and Debate Clause.

The left’s attack on attorney-client confidentiality Read More »

SCOTUS should uphold the right of religious people to refuse to serve the LGBT agenda

CONSTITUTION, Supreme Court | March 19, 2022

The state and would-be “customers” interfering with [a religious] business model have no more constitutional standing than a thug who disrupts a church service or shouts down a speaker.

SCOTUS should uphold the right of religious people to refuse to serve the LGBT agenda Read More »

Supreme Court should recognize ‘diversity’ programs are about leftist politics, not education

CONSTITUTION, Supreme Court | March 14, 2022

There’s only one coherent explanation for such programs, and that is political.

Supreme Court should recognize ‘diversity’ programs are about leftist politics, not education Read More »

Understanding the Constitution: Why Biden is wrong to think the 9th Amendment protects abortion

CONSTITUTION | March 10, 2022

[The court should restore the Ninth Amendment. Enforcing it would not protect abortion . . . rather, it would reduce the federal government to its constitutional limits.

Understanding the Constitution: Why Biden is wrong to think the 9th Amendment protects abortion Read More »

How states can work together without the feds

Article V, CONSTITUTION | February 27, 2022

States contemplating interposition usually should act in cooperation with other states. This essay outlines how methods of cooperation work.

How states can work together without the feds Read More »

Never Again! Reforms to prevent future pandemic overreach

CONSTITUTION | February 21, 2022

Right now—while pandemic mistakes are fresh in our minds—is the time to adopt legal reforms to ensure those mistakes don’t happen again.

Never Again! Reforms to prevent future pandemic overreach Read More »

Two New Conventions of States Discovered!

Article V, CONSTITUTION | February 20, 2022

This information raises the number of verified conventions of colonies and states to 42. This experience renders absurd the common claim that the . . . details of conventions of states are “unknown.”

Two New Conventions of States Discovered! Read More »

On “Federal Functions,” the 2020 election, the Necessary and Proper Clause & con law courses

Article V, CONSTITUTION, Supreme Court | February 19, 2022

It is perverse to spend so much [constitutional law] class time on areas of recurrently-shifting jurisprudence, while neglecting constitutional principles that are just as central and far more enduring.

On “Federal Functions,” the 2020 election, the Necessary and Proper Clause & con law courses Read More »

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