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City destroys home without paying: Will the Supreme Court take the case?

CONSTITUTION, Eminent Domain | March 26, 2020

The Takings Clause in the Fifth Amendment to the U.S. Constitution . . . reads in part, “nor shall private property be taken for public use, without just compensation.”

City destroys home without paying: Will the Supreme Court take the case? Read More »

Underselling Originalism

CONSTITUTION, Uncategorized | March 16, 2020

Originalism is not a modern invention “[T]he ‘intent of the makers’ had been the lodestar of documentary construction since at least the 1500s.”

Underselling Originalism Read More »

Global warming and the Constitution’s amendment process: How to tell whether a ‘consensus’ Is true

Article V, CONSTITUTION | March 11, 2020

How academics formed a completely erroneous “consensus” about the convention procedure of Article V.

Global warming and the Constitution’s amendment process: How to tell whether a ‘consensus’ Is true Read More »

Two new briefs in the Supreme Court’s Electoral College case

Article V, CONSTITUTION | March 6, 2020

[The integrity of presidential electors] has taken on great urgency as “progressive” state legislatures increasingly meddle with free elections.

Two new briefs in the Supreme Court’s Electoral College case Read More »

New article: 18th century law shows impeachment requires a crime

CONSTITUTION | March 6, 2020

Examples of high misdemeanors . . . were bribery, assault, and attempted murder.

New article: 18th century law shows impeachment requires a crime Read More »

How much power may Congress delegate to federal agencies?

CONSTITUTION | January 28, 2020

[T]he search for a single “non-delegation” principle applicable to all congressional powers is a futile one. Instead, the scope of permissible delegation of any particular congressional power must be sought in the meaning of the words describing that power.

How much power may Congress delegate to federal agencies? Read More »

Where were all the Constitution’s defenders when the feds raised the smoking age?

CONSTITUTION, Supreme Court | January 7, 2020

[S]etting minimum consumption ages is not a power the Constitution grants the federal government. The Constitution reserves it to the states.

Where were all the Constitution’s defenders when the feds raised the smoking age? Read More »

What the “expert” panel should have told you about impeachment—but didn’t

CONSTITUTION | January 6, 2020

Impeachment law is not for amateurs. It rests on English parliamentary history extending at least as far back as the 1300s. . . .

What the “expert” panel should have told you about impeachment—but didn’t Read More »

Under the Constitution the President, not unelected bureaucrats, makes foreign policy

CONSTITUTION | January 3, 2020

These witnesses and their congressional sponsors apparently believe the consensus of professionals should control foreign policy. . . . But the Constitution squarely repudiates this “foreign policy by committee” approach.

Under the Constitution the President, not unelected bureaucrats, makes foreign policy Read More »

The Constitution tells us impeachment is valid even though the Speaker has not transmitted it

CONSTITUTION | December 24, 2019

Nothing in the Constitution gives [the Speaker of the House a presidential-style veto.

The Constitution tells us impeachment is valid even though the Speaker has not transmitted it Read More »

Lies law professors tell

CONSTITUTION | December 23, 2019

[A] whole generation of law students has been trained to think that the 19th century courts were heartless tools of malicious capitalists, and that enlightened reform came only with the virtuous 20th century “progressives.”

Lies law professors tell Read More »

Real originalism (not the cartoon version some love to attack) explained

CONSTITUTION | December 22, 2019

Originalism has been the prevailing method of documentary interpretation in English and American law for at least five centuries.

Real originalism (not the cartoon version some love to attack) explained Read More »

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