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The Lamp of Experience: Constitutional Amendments Work

Article V, CONSTITUTION, Supreme Court, Uncategorized | March 9, 2014

(This article originally appeared in the American Thinker.) Opponents of a Convention of States long argued that there was an […]

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A Modern Quasi-Convention of States

Article V, CONSTITUTION, Uncategorized | March 1, 2014

Many opponents of an Article V convention seem to think that it would be a nearly unique event, for which

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Is the Obamacare Mandate Unconstitutional Because It Originated in the Senate?

CONSTITUTION, ObamaCare, Supreme Court | February 24, 2014

The Patient Protection and Affordable Care Act (PPACA or “Obamacare”) imposes a sliding-scale financial penalty on people who do not

Is the Obamacare Mandate Unconstitutional Because It Originated in the Senate? Read More »

A New Triumph for the Right to Keep and Bear Arms (and for II's Dave Kopel)

CONSTITUTION | February 14, 2014

A federal court of appeals has just vindicated the Second Amendment right to keep and bear arms in a big

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Rob’s Harvard Article on “Recess Appointments” Is Published—and Goes to the Supreme Court

CONSTITUTION, Supreme Court, Uncategorized | February 8, 2014

Last May, I reported that litigation over President Obama’s “recess appointments” was going to the Supreme Court. In fact, oral

Rob’s Harvard Article on “Recess Appointments” Is Published—and Goes to the Supreme Court Read More »

Struggling With Nullification

CONSTITUTION, ObamaCare, Supreme Court, Uncategorized | February 3, 2014

Does a state have the right to nullify federal statutes the state considers unconstitutional? This depends largely on how you

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Obaminable Nullification & Division Among Constitutionalists

CONSTITUTION, Supreme Court, Uncategorized | January 24, 2014

“Progressives” often attack as indefensible proposals by some conservatives that states nullify federal laws those states deem unconstitutional. But “progressive”

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The Framers’ Bloopers

CONSTITUTION, Supreme Court, Uncategorized | January 12, 2014

The Constitution’s Framers were very great men, but they were not gods. They made mistakes. By “mistakes,” I’m not talking

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Lessons For Federalism from Colorado’s Pot “Legalization”

CONSTITUTION, ObamaCare, Supreme Court | January 4, 2014

(An earlier version of this post appeared on the website of The American Thinker.) It’s ironic that one of the

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A Summary of How States Push Back Against Washington

Article V, CONSTITUTION | December 28, 2013

The Cato Institute has published a new paper by Professor John Dinan that summarizes all the credible ways in which 

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How the Contracts Clause was gutted—and how SCOTUS’ early efforts to correct this have been ignored

CONSTITUTION, Supreme Court, Uncategorized | December 17, 2013

The Constitution lists several things states may not do. Article I, Section 10 provides that “No State shall . .

How the Contracts Clause was gutted—and how SCOTUS’ early efforts to correct this have been ignored Read More »

The Meaning of the Commerce Power and Congress’s and the Courts’ Use (And Abuse) Of It

CONSTITUTION, ObamaCare, Supreme Court, Uncategorized | December 14, 2013

Are you interested in the true meaning of, and limits on, the Constitution’s much-abused Commerce Power? In a speech at

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