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Time to end the “emoluments” lawsuits against Trump

CONSTITUTION | April 1, 2019

Arms-length market transactions simply are not “emoluments” as the Constitution uses the word.

Time to end the “emoluments” lawsuits against Trump Read More »

More news on the Constitution’s ratification: the meaning of “militia” in the Second Amendment

CONSTITUTION | March 28, 2019

This passage leaves nothing to inference: Coxe states explicitly that the militia consists of every man from 16 to 60 years of age.

More news on the Constitution’s ratification: the meaning of “militia” in the Second Amendment Read More »

News on the Constitution’s ratification: More evidence the feds are exceeding their powers

CONSTITUTION | March 27, 2019

The Constitution created a strictly limited central government, which . . . would have no authority over religion, most criminal offenses, civil justice, social services, education, or most aspects of transportation or the economy.

News on the Constitution’s ratification: More evidence the feds are exceeding their powers Read More »

What would America look like with an originalist Supreme Court?

CONSTITUTION, Supreme Court | March 18, 2019

Originalism is the prevailing method of interpreting almost all legal documents. An originalist is simply a person who believes we should use the same principles to interpret the Constitution

What would America look like with an originalist Supreme Court? Read More »

Justice Thomas again shows he’s the Supreme Court’s only consistent originalist

CONSTITUTION, Supreme Court | February 25, 2019

Although Justice Thomas agreed that the protection against excessive fines applies to the states, he was the only member of the court to do so on plausible originalist grounds.

Justice Thomas again shows he’s the Supreme Court’s only consistent originalist Read More »

Why the “National Popular Vote” scheme is unconstitutional

CONSTITUTION, NATIONAL POPULAR VOTE | February 4, 2019

NPV . . . with or without congressional approval . . . violates a central principle of constitutional law.

Why the “National Popular Vote” scheme is unconstitutional Read More »

What Is Originalism?

CONSTITUTION | January 28, 2019

Today the only consistent originalist on the Supreme Court is Justice Clarence Thomas.

What Is Originalism? Read More »

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 »

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