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Author: Rob Natelson

Rob Natelson is the Independence Institute’s Senior Fellow in Constitutional Jurisprudence and heads the Institute’s Article V Information Center. He was a law professor for 25 years, serving at three different universities. Among other subjects, he taught Constitutional Law, Constitutional History, Advanced Constitutional Law, and First Amendment. He is also the Senior Fellow in Constitutional Jurisprudence at the Montana Policy Institute. Rob is especially known for his studies of the Constitution’s original meaning. His research has carried him to libraries throughout the United States and in Britain, including four months at Oxford. The results have included several break-though discoveries. Click here for more information about Rob

The Meaning of “Regulate Commerce” to the Constitution’s Ratifiers: An Update

 This latest survey—like all the previous ones—confirms that when the Constitution uses the word “Commerce,” it does so to mean only mercantile trade and its incidents.

Responding to Professor Bowman’s “Immigration Is Not An Invasion”

The effect of this constitutional provision . . . is only to allow a state to defend itself fully—and without congressional consent—when invaded or about to be invaded.

C.S. Lewis’s “That Hideous Strength” Matches “1984” as a Prognosticator of Progressivism

Unfortunately, Bracton College has been invaded by the self-styled “progressive element”—a group of academics very much like many I encountered during my university years.

Our Article on the Power of States to Combat Illegal Immigration Has Been Published!

This new paper summarizes state war powers and how states may mobilize them against unauthorized immigration.

Democracies, Republics, and TABOR

Contrary to popular mythology, none of the Founders drew a sharp distinction between a democracy and a republic.

If Trump Is Disqualified, Leftist ‘Anti-War’ Protesters Are Also

According to the disqualification standard being applied to President Trump, very likely some politicians in office today were guilty of giving “aid and comfort to the enemies.”

How States May Respond to Illegal Immigration, Part V: About Birthright Citizenship

Our research on state war powers and on allegiance clearly points to an answer on whether the U.S. born children of undocumented immigrants are “birthright citizens”

Understanding the Constitution: How States May Respond to Illegal Immigration—Part IV

Some defensive state war powers should not be subject to federal preemption at all.

Understanding the Constitution: How States May Respond to Illegal Immigration—Part III

The state invaded has the right to seek out and kill the invaders and those responsible for the invasion.

Understanding the Constitution: How States May Respond to Illegal Immigration—Part II

Under the Constitution, the states may wage defensive war without federal permission.

Understanding the Constitution: How States May Respond to Illegal Immigration—Part I

What is important for legal purposes is not how we use those words. What is important is how the Constitution uses them.

Even Constitutional Conventions are Limited

A constitutional convention can be limited and an Article V convention has even less scope than a constitutional convention.

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