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Evidence on the Powers the Constitution Leaves Exclusively to the States

CONSTITUTION, Uncategorized | May 18, 2015

This column also appears at CNSNews. The Constitution enumerates the powers of the federal government. But has anyone listed the […]

Evidence on the Powers the Constitution Leaves Exclusively to the States Read More »

Chief Justice John Marshall: Not the Big Government Guy You Might Think

CONSTITUTION, ObamaCare, Supreme Court, Uncategorized | February 22, 2015

Chief Justice John Marshall (in office 1801-1835) is often identified with an expansive “big government” interpretation of the Constitution. Fans

Chief Justice John Marshall: Not the Big Government Guy You Might Think Read More »

Trying to Abolish the Convention’s One-State/One-Vote Rule Not Only Would Be Unconstitutional—It Wouldn’t Be Worth Trying

Article V, CONSTITUTION | February 6, 2015

One of the far-fetched arguments used to persuade conservatives to oppose an amendments convention is that if 34 states apply,

Trying to Abolish the Convention’s One-State/One-Vote Rule Not Only Would Be Unconstitutional—It Wouldn’t Be Worth Trying Read More »

Update on Article V and the Necessary and Proper Clause

Article V, CONSTITUTION, Supreme Court, Uncategorized | January 16, 2015

Some people have asked for further clarification on why the Constitution’s Necessary and Proper Clause does not grant Congress power

Update on Article V and the Necessary and Proper Clause Read More »

The Constitution’s Grants To Persons and Entities Outside the U.S. Government

Article V, CONSTITUTION, Supreme Court, Uncategorized | December 18, 2014

A little known aspect of our Constitution is that it delegates power, not just to the U.S. Government and to

The Constitution’s Grants To Persons and Entities Outside the U.S. Government Read More »

More Evidence From Last Term That It’s Not a “Conservative Supreme Court”

CONSTITUTION, ObamaCare, Supreme Court, Uncategorized | October 20, 2014

Note: This article was first published at cns news. There is a common media myth that the current U.S. Supreme

More Evidence From Last Term That It’s Not a “Conservative Supreme Court” Read More »

The Founders as Mythology

CONSTITUTION, Uncategorized | September 7, 2014

Recently when commenting on how Americans view the Founding, an associate of mine observed that in many people’s minds the

The Founders as Mythology Read More »

No, the Necessary and Proper Clause Does NOT Empower Congress to Control an Amendments Convention

Article V, CONSTITUTION, Uncategorized | August 23, 2014

A few days ago I heard a presentation by a spokesman for a group that claims to defend the Constitution

No, the Necessary and Proper Clause Does NOT Empower Congress to Control an Amendments Convention Read More »

New Article: Government's Obligation To Be Impartial

CONSTITUTION, Supreme Court, Uncategorized | August 8, 2014

The Constitution was adopted amid a belief that government is a public trust.* Does the Constitution require federal and state

New Article: Government's Obligation To Be Impartial Read More »

New Article: Government’s Obligation To Be Impartial

CONSTITUTION, Supreme Court, Uncategorized | August 8, 2014

The Constitution was adopted amid a belief that government is a public trust.* Does the Constitution require federal and state

New Article: Government’s Obligation To Be Impartial Read More »

How Much Authority Does Congress Have Under the Treaty Power? The Question the Supreme Court Dodged in Bond v. U.S.

CONSTITUTION, Supreme Court, Uncategorized | July 20, 2014

In its recent decision in Bond v. United States, the Supreme Court avoided deciding whether Congress, in executing a treaty,

How Much Authority Does Congress Have Under the Treaty Power? The Question the Supreme Court Dodged in Bond v. U.S. Read More »

Town of Greece Case Returns the Establishment Clause To Its Original Meaning

CONSTITUTION, Supreme Court, Uncategorized | May 15, 2014

Last week I reported on Justice Thomas’ citation of my work in his concurring opinion in Town of Greece v.

Town of Greece Case Returns the Establishment Clause To Its Original Meaning Read More »

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