A Response to Professor Seidman
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 »
Did the Founders’ Constitution Permit Federal Tort Reform?
NOTE: The photo shows the author at the sundial in James Madison’s garden at Montpelier, VA. On behalf of the
Did the Founders’ Constitution Permit Federal Tort Reform? Read More »
“Necessary and Proper” = “Necessaria et Opportuna”
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
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
If you have any doubt about the ability of the political Left to set the agenda in this country, look
Constitutional Arcana: The Forgotten Navigation Convention of 1786
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 »
Obamacare Decision Suggests U.S. Malpractice Bill Unconstitutional
Little-noticed amid the commentary on the Supreme Court’s health care decision is the decision’s blow to congressional efforts to federalize
Obamacare Decision Suggests U.S. Malpractice Bill Unconstitutional Read More »
New Article: James Madison, Federal Overreaching, and Amendments Conventions
The writings of James Madison still offer useful guidance for states seeking to restrain federal overreaching. Akron Law Review has
New Article: James Madison, Federal Overreaching, and Amendments Conventions Read More »
A Colonial Pamphlet Helps Show Why the Constitution’s Necessary and Proper Clause Granted No Power
Learn more: Hear a podcast on this subject. As I have noted before (for example, here and here) pamphlets written
New “how to” paper on proposing constitutional amendments by convention
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!
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 »
New History of Founding Era Conventions
Very few people know that the Constitutional Convention of 1787 only the last of nearly 20 other conventions in which
New History of Founding Era Conventions Read More »