New Flyer Explains How the States Can Use the Constitutional Amendment Process to Curb the Feds (Article V)
by Rob Natelson The Founders built various checks and balances into the Constitution. One of the most important was the […]
The Myth of the “Conservative Supreme Court”
Is the current U.S. Supreme Court conservative? No, it is not. And certainly not if you define “conservative” as interpreting
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Can the President Raise the Debt Limit Unilaterally? Hell no! — Part II
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
Should we acknowledge that the U.S. Constitution is filled with “archaic, idiosyncratic and downright evil provisions,” and “extricat[e] ourselves from
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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
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“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
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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
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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
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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
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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
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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