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The Electoral College is still right for America

CONSTITUTION, NATIONAL POPULAR VOTE | January 21, 2019

It is not true, as some claim, that the Founders acted only out of distrust of democracy. Rather, the system was a brilliant response to a complicated set of issues.

The Electoral College is still right for America Read More »

Convention of States a path to restoring constitutional government

Article V, CONSTITUTION | January 7, 2019

The amendment procedure is not a partisan device. It is a valuable constitutional right available to all Americans who want to improve their federal government.

Convention of States a path to restoring constitutional government Read More »

What impeachment requires and why it wouldn’t be wise for Dems to push it

CONSTITUTION | December 28, 2018

The political difficulty for the Democratic House if it tries to impeach the president is that the last time that party was in control, its own conduct fell far short of fiduciary standards.

What impeachment requires and why it wouldn’t be wise for Dems to push it Read More »

Problems with Excessive Federal Land Ownership

CONSTITUTION | December 17, 2018

The fact is that real estate socialism doesn’t work any better than most other kinds of socialism.

Problems with Excessive Federal Land Ownership Read More »

It’s time to truly test the constitutionality of Obamacare

CONSTITUTION, ObamaCare | December 3, 2018

Previous Origination Clause plaintiffs lost because they attacked Obamacare’s taxes instead of its regulations. Plaintiffs suing for relief from regulations that harm them may have more success.

It’s time to truly test the constitutionality of Obamacare Read More »

The Feds have a constitutional duty to stop the caravan at the border

CONSTITUTION | November 19, 2018

[T]he caravan is an “invasion” within the meaning of the Constitution’s Guarantee Clause. Moreover, that Clause does not merely empower federal officials to repel an “Invasion.” It commands them to do so.

The Feds have a constitutional duty to stop the caravan at the border Read More »

William Penn’s Charter of Liberties—one of our Constitution’s ancestors

CONSTITUTION, Uncategorized | November 11, 2018

The Charter of Liberties and Frame of Government granted by William Penn to his colony on May 5, 1682 . . . was . . . a true colonial constitution.

William Penn’s Charter of Liberties—one of our Constitution’s ancestors Read More »

New case shows the Supreme Court’s defense of constitutional federalism is only tepid

CONSTITUTION, Supreme Court | September 12, 2018

. . . Those who adopted the Constitution understood that governance of recreational activities, such as sports, was reserved to the states. Regulation of in-state gambling, like other moral issues, similarly was outside the federal sphere.

New case shows the Supreme Court’s defense of constitutional federalism is only tepid Read More »

What does it mean for the Senate to give Its “Advice and Consent?”

CONSTITUTION | July 18, 2018

“During the 18th century, when “advice” . . . appeared in the same phrase with the preposition “with,” the word meant deliberation or consideration.”

What does it mean for the Senate to give Its “Advice and Consent?” Read More »

II Court Brief Uphold’s Founders’ View of Electoral College

CONSTITUTION | July 18, 2018

But a “friend of the court” brief filed by the Independence Institute has shredded one of the key defenses.

II Court Brief Uphold’s Founders’ View of Electoral College Read More »

New article shows how 18th century law helps us understand the Constitution

CONSTITUTION, Eminent Domain, ObamaCare, Supreme Court | July 10, 2018

“Living Constitutionalists” sometimes claim erroneously that recovering the Constitution’s original meaning is impractical.

New article shows how 18th century law helps us understand the Constitution Read More »

Why constitutional commentators need to know Latin

CONSTITUTION | June 29, 2018

The lack of a Latin requirement . . . has encouraged people to become constitutional commentators who are more interested in advancing political agendas than sound constitutional law.

Why constitutional commentators need to know Latin Read More »

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