The framers modeled the Electoral College on indirect election systems then prevailing in Scotland and Maryland, in which elector discretion was pivotal.
Independence Institute helps win court ruling protecting presidential electors Read More »
This new article presents even more evidence on how the federal government was supposed to be limited.
How the Founders told us the Constitution would restrict federal power Read More »
Justice Clarence Thomas’s concurrence probably received the most media attention. It is an essay on when the Supreme Court should follow precedent or overrule it. It helps lay the basis for reversing Roe v. Wade . . . .
New SCOTUS case does more than pave the way to reverse Roe v. Wade Read More »
Some writers claim the framers adopted an indirect election procedure because they didn’t trust democracy. This is an oversimplification. The framers balanced many factors.
How our presidential election system works Read More »
On abortion policy America has ceased to be a democracy and has become a judicial oligarchy.
Judicial oligarchy is the wrong way to decide abortion policy Read More »
Why do many judges and commentators abandon standard interpretative methods when addressing some parts of the Constitution? The answer is clear.
The Supreme Court re-affirms Indian treaty originalism Read More »
This case illustrates how judges apply originalism for almost all legal documents — except the Constitution.
“. . . .the powers of this Congress are confined to what is expressly delegated to them”
New evidence on the meaning of the Necessary and Proper Clause Read More »
I examined how the Constitution was represented to, and understood by, the ratifying public. And that resolved any doubt.
New evidence on the constitutionality of paper money Read More »
“THE POWERS OF THE SWORD ARE IN THE HANDS OF THE YEOMANRY OF AMERICA FROM SIXTEEN TO SIXTY … Who are the militia? are they not ourselves[?].”
The founder who told Americans we have a right to military weapons Read More »
The three recently-issued Pennsylvania volumes . . . offer virtually no support to the commerce-is-everything school of thought. On the contrary, in the documents reproduced in this volumes “commerce” clearly refers to a concept separate from other economic and non-economic activities.
New evidence on the “Power To . . . regulate . . . Commerce” Read More »
Some opponents . . . try to communicate that Madison opposed all amendments conventions. This is certainly not true,
New evidence on the nature of amendments conventions Read More »
