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King v. Burwell: The Latest Obamacare Mess at the Supreme Court

CONSTITUTION, ObamaCare, Supreme Court | March 10, 2015

When I first heard about King v. Burwell, the latest Obamacare controversy before the U.S. Supreme Court, I assumed it […]

King v. Burwell: The Latest Obamacare Mess at the Supreme Court Read More »

More Evidence From Last Term That It’s Not a “Conservative Supreme Court”

CONSTITUTION, ObamaCare, Supreme Court, Uncategorized | October 20, 2014

Note: This article was first published at cns news. There is a common media myth that the current U.S. Supreme

More Evidence From Last Term That It’s Not a “Conservative Supreme Court” Read More »

Eric Holder & Other Overreaching Prosecutors vs. the Independence Institute

CONSTITUTION, Supreme Court | September 26, 2014

An important citizen protection against government is the rule that in criminal prosecutions, criminal statutes are interpreted strictly. In other

Eric Holder & Other Overreaching Prosecutors vs. the Independence Institute Read More »

New Article: Government's Obligation To Be Impartial

CONSTITUTION, Supreme Court, Uncategorized | August 8, 2014

The Constitution was adopted amid a belief that government is a public trust.* Does the Constitution require federal and state

New Article: Government's Obligation To Be Impartial Read More »

New Article: Government’s Obligation To Be Impartial

CONSTITUTION, Supreme Court, Uncategorized | August 8, 2014

The Constitution was adopted amid a belief that government is a public trust.* Does the Constitution require federal and state

New Article: Government’s Obligation To Be Impartial Read More »

The Results Are In: The Obamacare “Penalty” Didn’t Violate the Origination Clause, but Obamacare’s Regulations Did

CONSTITUTION, ObamaCare, Supreme Court, Uncategorized | May 20, 2014

Is the penalty for not buying insurance in the Affordable Care Act (ACA—Obamacare) unconstitutional as a “tax” that originated in

The Results Are In: The Obamacare “Penalty” Didn’t Violate the Origination Clause, but Obamacare’s Regulations Did Read More »

How the Contracts Clause was gutted—and how SCOTUS’ early efforts to correct this have been ignored

CONSTITUTION, Supreme Court, Uncategorized | December 17, 2013

The Constitution lists several things states may not do. Article I, Section 10 provides that “No State shall . .

How the Contracts Clause was gutted—and how SCOTUS’ early efforts to correct this have been ignored Read More »

The Meaning of the Commerce Power and Congress’s and the Courts’ Use (And Abuse) Of It

CONSTITUTION, ObamaCare, Supreme Court, Uncategorized | December 14, 2013

Are you interested in the true meaning of, and limits on, the Constitution’s much-abused Commerce Power? In a speech at

The Meaning of the Commerce Power and Congress’s and the Courts’ Use (And Abuse) Of It Read More »

How a Conspiracy Cracked a Monopoly

CONSTITUTION, ObamaCare, Supreme Court | December 1, 2013

Anyone interested in the constitutional debate over the “Affordable Care Act” should pick up a copy of the new book,

How a Conspiracy Cracked a Monopoly Read More »

Can Treaties Override the Constitution? An Issue Posed By Bond v. United States

CONSTITUTION, Supreme Court, Uncategorized | November 10, 2013

One of the most common questions posed to me when I discuss the Constitution on talk radio is “Can a

Can Treaties Override the Constitution? An Issue Posed By Bond v. United States Read More »

Who Says History is Relevant to Article V? Well, the U.S. Supreme Court, For One!

Article V, CONSTITUTION, Supreme Court, Uncategorized | October 10, 2013

In 1988, Oxford University Press published Russell Caplan’s book Constitutional Brinksmanship. It revealed some of the extensive history behind the

Who Says History is Relevant to Article V? Well, the U.S. Supreme Court, For One! Read More »

May state legislative applications limit an Article V convention? Subject, yes; specific language, probably not

Article V, CONSTITUTION, Uncategorized | September 12, 2013

Some constitutional scholars believe state applications for a convention for proposing amendments may limit the convention to voting “yes” or

May state legislative applications limit an Article V convention? Subject, yes; specific language, probably not Read More »

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