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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 »

This Supreme Court term will show that there is no 5-4 “conservative majority”

CONSTITUTION, Supreme Court | November 3, 2018

The more traditional justices differ significantly in their legal methods and often reach liberal results.

This Supreme Court term will show that there is no 5-4 “conservative majority” 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 »

Impeachment: What did the Founders mean by “High Misdemeanors?”

CONSTITUTION | June 19, 2018

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 »

The Founders’ promises about what the Federal Government could NOT do

CONSTITUTION | June 3, 2018

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 »

The U.S. Post Office: the Constitution’s odd nod to socialism

CONSTITUTION | June 1, 2018

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 information on the Constitution’s ratification — Part III: Vermont

CONSTITUTION | May 13, 2018

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 »

New information on the Constitution’s ratification — Part II: New Hampshire

CONSTITUTION | May 6, 2018

New Hampshire was, and is, quite a small state, but its ratification was particularly significant.

New information on the Constitution’s ratification — Part II: New Hampshire Read More »

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