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Why We Must Act Now To Use the Constitution’s Amendment Process to Restore Fiscal Sanity

Article V, CONSTITUTION | April 27, 2013

Following is an address I gave in Orlando Florida on April 26, 2013 on the need to use the Constitution’s […]

Why We Must Act Now To Use the Constitution’s Amendment Process to Restore Fiscal Sanity Read More »

How the Courts have Clarified the Constitution's Amendment Process

Article V, CONSTITUTION, Supreme Court | February 27, 2013

One source of security we have in using the Constitution’s amendment process is that the courts, including the U.S. Supreme

How the Courts have Clarified the Constitution's Amendment Process Read More »

It's Been Done Before: A Convention of the States to Propose Constitutional Amendments

Article V, CONSTITUTION | February 21, 2013

In 1861, the states held a dry run for an Article V “convention for proposing amendments.” The event was the

It's Been Done Before: A Convention of the States to Propose Constitutional Amendments Read More »

Can the President Raise the Debt Limit Unilaterally? Hell no! — Part II

CONSTITUTION, Uncategorized | January 11, 2013

The claim—partly silly, partly dangerous—that President Obama may raise the debt limit unilaterally without the approval of Congress is again

Can the President Raise the Debt Limit Unilaterally? Hell no! — Part II Read More »

A Response to Professor Seidman

CONSTITUTION, Uncategorized | January 4, 2013

Should we acknowledge that the U.S. Constitution is filled with “archaic, idiosyncratic and downright evil provisions,” and “extricat[e] ourselves from

A Response to Professor Seidman Read More »

“Necessary and Proper” = “Necessaria et Opportuna”

CONSTITUTION, ObamaCare, Uncategorized | November 17, 2012

To justify the huge growth of federal regulations over the last few decades, lawyers and judges frequently cite the Constitution’s

“Necessary and Proper” = “Necessaria et Opportuna” Read More »

Federal “Campaign Finance” Laws are Mostly Unconstitutional

CONSTITUTION, Uncategorized | October 14, 2012

In a recent posting, I wrote: [I]t is dubious whether the Constitution even gives Congress power to regulate the source

Federal “Campaign Finance” Laws are Mostly Unconstitutional Read More »

The Supreme Court’s Citizens United Corporate Campaign case Should Be Controversial—But Not for the Reason You Think

CONSTITUTION, Supreme Court, Uncategorized | September 30, 2012

If you have any doubt about the ability of the political Left to set the agenda in this country, look

The Supreme Court’s Citizens United Corporate Campaign case Should Be Controversial—But Not for the Reason You Think Read More »

Constitutional Arcana: The Forgotten Navigation Convention of 1786

Article V, CONSTITUTION, Uncategorized | August 19, 2012

In an earlier post, I reported that the Constitutional Convention of 1787 was far from unique: that during the lifetime

Constitutional Arcana: The Forgotten Navigation Convention of 1786 Read More »

A Colonial Pamphlet Helps Show Why the Constitution’s Necessary and Proper Clause Granted No Power

CONSTITUTION, Uncategorized | July 11, 2012

Learn more: Hear a podcast on this subject. As I have noted before (for example, here and here) pamphlets written

A Colonial Pamphlet Helps Show Why the Constitution’s Necessary and Proper Clause Granted No Power Read More »

New “how to” paper on proposing constitutional amendments by convention

Article V, CONSTITUTION | June 26, 2012

The Independence Institute has published my new Issue Paper, Amending the Constitution by Convention: Practical Guidance for Citizens and Policymakers.

New “how to” paper on proposing constitutional amendments by convention Read More »

Hey, if Elizabeth Warren is Indian, then maybe I am, too!

CONSTITUTION | June 1, 2012

I confess to a several personal emotions in reaction to the Elizabeth Warren case. Elizabeth Warren, if you recall, is

Hey, if Elizabeth Warren is Indian, then maybe I am, too! Read More »

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