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 Judiciary Committee’s ex post facto approach to impeachment violates the Constitution

The committee’s decision . . . may be convenient for its purposes. But it violates both the rule of law and the American constitutional order.

Why McCulloch v. Maryland—now 200 years old—is not a ‘big government’ manifesto

In the 20th century, the Supreme Court cited McCulloch to uphold unprecedented federal spending and regulatory programs. Law school constitutional law courses sometimes treat McCulloch the same way. . . . [But] this approach is the product of historical ignorance.

Impeachment inquiry rules skewed heavily against the President

Unfortunately, the new House rules fall far short of even minimal due process standards.

Elizabeth Warren’s wealth tax is unconstitutional—and why you shouldn’t believe law professors’ claims to the contrary

The fact that many of America’s law schools are one-sided political hothouses further encourages leftist passion at the expense of curiosity and care.

“True Colorado”—Educating newcomers about Colorado values

When asked to list Colorado values, Lemon mentions . . . .self-reliance[,] neighborly assistance, personal freedom, local control, love of the outdoors, health and fitness, and friendliness toward strangers. He further emphasizes the state’s tradition of entrepreneurship

Did Founder James Wilson oppose the Electoral College and favor ‘National Popular Vote?’

Although Wilson toyed with the idea of direct election, when all was said and done he preferred the presidential system featured in our Constitution.

Should we interpret the Constitution so the feds can oversee everything affecting more than one state?

As the framers did with so many other decisions, in allocating authority between states and federal government they balanced competing values.

More evidence that the Obamacare insurance mandate was unconstitutional

A leading Founder pointed out that authority to regulate commerce did not include power to compel it.

Video: Rob Natelson rebuts falsehoods spread about our Constitution

Rebutting discredited charges against the Constitution and the Founders

Ballot language abuse in Proposition CC

Tax burdens are affected by factors other than nominal rates—factors such as allowable deductions, credits, and refunds. CC would abolish refunds payable in cash or tax credits, thereby raising Coloradans’ state tax burden substantially.

What the Constitution says about impeachment

When weighing whether to impeach a sitting president, we consider how other presidents have acted. It is regrettable but true that many Presidents have routinely played fast and loose with the truth, acted incompetently, and used their office to attack political opponents.

One reason public discourse is so vile: We’ve forgotten the 1st Amendment’s meaning

Judges have no special expertise in identifying or balancing social benefits and social losses. . . Their rules turned out to be flawed. One of their flaws is that they pushed down the standards for public discourse.