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 »
[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 »
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 »
. . . 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 »
“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 »
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 »
“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 »
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 »
A president . . . is subject to impeachment and removal for dishonesty, disloyalty, negligence, and the like. But he is not impeachable merely for mistakes in policy or reasonable disagreements over interpretation of the law.
Impeachment: What did the Founders mean by “High Misdemeanors?” Read More »
Functions outside the federal sphere were to include “social services, education, criminal law, civil justice, land use, and others.”
The Founders’ promises about what the Federal Government could NOT do Read More »
What does the Postal Power tell us about congressional delegation to administrative agencies?
The U.S. Post Office: the Constitution’s odd nod to socialism Read More »
New Hampshire was, and is, quite a small state, but its ratification was particularly significant.
New information on the Constitution’s ratification — Part III: Vermont Read More »
