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Give our votes to California via National Popular Vote?NO WAY!

CONSTITUTION, NATIONAL POPULAR VOTE | March 1, 2019

Give our votes to New York and California? No way!

Give our votes to California via National Popular Vote?NO WAY! Read More »

Justice Thomas again shows he’s the Supreme Court’s only consistent originalist

CONSTITUTION, Supreme Court | February 25, 2019

Although Justice Thomas agreed that the protection against excessive fines applies to the states, he was the only member of the court to do so on plausible originalist grounds.

Justice Thomas again shows he’s the Supreme Court’s only consistent originalist Read More »

Justice Ginsburg’s possible incapacity and the case for term limits

CONSTITUTION, Supreme Court | February 11, 2019

A better constitutional amendment would be one permitting each justice a single long term—for example, 16 years—without possibility of re-appointment.

Justice Ginsburg’s possible incapacity and the case for term limits Read More »

Why the “National Popular Vote” scheme is unconstitutional

CONSTITUTION, NATIONAL POPULAR VOTE | February 4, 2019

NPV . . . with or without congressional approval . . . violates a central principle of constitutional law.

Why the “National Popular Vote” scheme is unconstitutional Read More »

What Is Originalism?

CONSTITUTION | January 28, 2019

Today the only consistent originalist on the Supreme Court is Justice Clarence Thomas.

What Is Originalism? Read More »

Assessing the Ted Cruz term limits proposal

Article V, CONSTITUTION | January 28, 2019

The only way the states could consider ratifying a term limits amendment would be for a convention of the states to propose it.

Assessing the Ted Cruz term limits proposal Read More »

The Electoral College is still right for America

CONSTITUTION, NATIONAL POPULAR VOTE | January 21, 2019

It is not true, as some claim, that the Founders acted only out of distrust of democracy. Rather, the system was a brilliant response to a complicated set of issues.

The Electoral College is still right for America Read More »

Rob Natelson and Jon Caldara explore the latest court ruling on Obamacare

CONSTITUTION, ObamaCare | January 14, 2019

The ruling that the mandate was unconstitutional was certainly correct. Whether than means the rest of the law fails is less certain.

Rob Natelson and Jon Caldara explore the latest court ruling on Obamacare Read More »

Could liberals pack the Supreme Court? Yes

CONSTITUTION, Supreme Court | January 14, 2019

Could they pack the court successfully? If Democrats win more elections, I think they can.

Could liberals pack the Supreme Court? Yes Read More »

Convention of States a path to restoring constitutional government

Article V, CONSTITUTION | January 7, 2019

The amendment procedure is not a partisan device. It is a valuable constitutional right available to all Americans who want to improve their federal government.

Convention of States a path to restoring constitutional government Read More »

What impeachment requires and why it wouldn’t be wise for Dems to push it

CONSTITUTION | December 28, 2018

The political difficulty for the Democratic House if it tries to impeach the president is that the last time that party was in control, its own conduct fell far short of fiduciary standards.

What impeachment requires and why it wouldn’t be wise for Dems to push it Read More »

In defense of the court decision striking down Obamacare

CONSTITUTION, ObamaCare, Supreme Court | December 24, 2018

The truth is that the quiet death of the ACA would surely be less disruptive than its chaotic life.

In defense of the court decision striking down Obamacare Read More »

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