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Count of Legislative Applications for a Balanced Budget Amendment

Article V, CONSTITUTION, Uncategorized | February 10, 2013

by Rob Natelson The following states have applications outstanding for a federal convention to propose a balanced budget amendment: Alabama, […]

Count of Legislative Applications for a Balanced Budget Amendment Read More »

New Flyer Explains How the States Can Use the Constitutional Amendment Process to Curb the Feds (Article V)

Article V, CONSTITUTION, Uncategorized | February 10, 2013

by Rob Natelson The Founders built various checks and balances into the Constitution. One of the most important was the

New Flyer Explains How the States Can Use the Constitutional Amendment Process to Curb the Feds (Article V) Read More »

The Myth of the “Conservative Supreme Court”

CONSTITUTION, ObamaCare, Supreme Court | January 19, 2013

Is the current U.S. Supreme Court conservative? No, it is not. And certainly not if you define “conservative” as interpreting

The Myth of the “Conservative Supreme Court” Read More »

Can the President Raise the Debt Limit Unilaterally? Hell no! — Part II

CONSTITUTION, Uncategorized | January 11, 2013

The claim—partly silly, partly dangerous—that President Obama may raise the debt limit unilaterally without the approval of Congress is again

Can the President Raise the Debt Limit Unilaterally? Hell no! — Part II Read More »

A Response to Professor Seidman

CONSTITUTION, Uncategorized | January 4, 2013

Should we acknowledge that the U.S. Constitution is filled with “archaic, idiosyncratic and downright evil provisions,” and “extricat[e] ourselves from

A Response to Professor Seidman Read More »

Did the Founders’ Constitution Permit Federal Tort Reform?

CONSTITUTION, Uncategorized | November 23, 2012

NOTE: The photo shows the author at the sundial in James Madison’s garden at Montpelier, VA. On behalf of the

Did the Founders’ Constitution Permit Federal Tort Reform? Read More »

“Necessary and Proper” = “Necessaria et Opportuna”

CONSTITUTION, ObamaCare, Uncategorized | November 17, 2012

To justify the huge growth of federal regulations over the last few decades, lawyers and judges frequently cite the Constitution’s

“Necessary and Proper” = “Necessaria et Opportuna” Read More »

Federal “Campaign Finance” Laws are Mostly Unconstitutional

CONSTITUTION, Uncategorized | October 14, 2012

In a recent posting, I wrote: [I]t is dubious whether the Constitution even gives Congress power to regulate the source

Federal “Campaign Finance” Laws are Mostly Unconstitutional Read More »

The Supreme Court’s Citizens United Corporate Campaign case Should Be Controversial—But Not for the Reason You Think

CONSTITUTION, Supreme Court, Uncategorized | September 30, 2012

If you have any doubt about the ability of the political Left to set the agenda in this country, look

The Supreme Court’s Citizens United Corporate Campaign case Should Be Controversial—But Not for the Reason You Think Read More »

Constitutional Arcana: The Forgotten Navigation Convention of 1786

Article V, CONSTITUTION, Uncategorized | August 19, 2012

In an earlier post, I reported that the Constitutional Convention of 1787 was far from unique: that during the lifetime

Constitutional Arcana: The Forgotten Navigation Convention of 1786 Read More »

Obamacare Decision Suggests U.S. Malpractice Bill Unconstitutional

CONSTITUTION, ObamaCare, Supreme Court, Uncategorized | July 27, 2012

Little-noticed amid the commentary on the Supreme Court’s health care decision is the decision’s blow to congressional efforts to federalize

Obamacare Decision Suggests U.S. Malpractice Bill Unconstitutional Read More »

New Article: James Madison, Federal Overreaching, and Amendments Conventions

Article V, CONSTITUTION, Uncategorized | July 21, 2012

The writings of James Madison still offer useful guidance for states seeking to restrain federal overreaching. Akron Law Review has

New Article: James Madison, Federal Overreaching, and Amendments Conventions Read More »

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