The Relationship Between the Declaration of Independence and the Constitution

I’m sometimes asked about the relationship between the Declaration of Independence and the Constitution. Their connection is not difficult to understand. The Declaration is a statement based on natural law. Natural law consists of fundamental principles of justice and right. Monotheists see natural law as deriving from the Creator. Polytheists see it as deriving from […]

A New Look at the Founders Through the Postal Clause

The Constitution’s Postal Clause grants Congress power to “establish Post Offices and Post Roads.” There is a fascinating history behind that provision, which I explore in a new article linked here. Some of the highlights: * Although the Founders generally favored free enterprise over state-owned business, they made an exception for postal services. * As […]

Conservatives Should Abandon the Filibuster

Conservatives traditionally have supported the Senate filibuster because, supposedly, it puts the brakes on expansion of government. I’ve long thought conservatives should reconsider. With Democrats planning to filibuster President Trump’s nominee for the Supreme Court, a good time to reconsider is now. That’s because history shows that, on balance, the filibuster doesn’t put the brakes on […]

The 1889 St. Louis Convention of States

A frequent argument against a convention for proposing constitutional amendments is that there are “no precedents” for determining the rules and procedures for such a gathering, other than the Constitutional Convention of 1787. Although opponents persist in this claim, it has long been debunked: The Constitutional Convention was far from the only meeting of its […]

Judge Gorsuch and the Independence Institute

The Independence Institute has specific reason to celebrate the nomination of Judge Gorsuch to the Supreme Court. In 2011, a group of anti-TABOR plaintiffs sued in Denver federal court, arguing that TABOR violated the U.S. Constitution because it was inconsistent with the Constitution’s guarantee that every state have a “republican form of government.” (Kerr v. […]

Reduce Holdings of Federal Lands

federal lands

Interior secretary nominee Ryan Zinke served his country honorably as a Navy SEAL, but in affirming in his federal lands testimony that he would refuse to loosen the government’s chokehold on America’s land, he did the U.S. a disservice. Reasonable people can disagree about how much territory the government should own. As an avid outdoorsman, I’m sympathetic […]

State Lawmakers! Don’t Put Extraneous Matter in Your Article V Application

by Robert G. Natelson State lawmakers sponsoring an Article V convention application often find that other lawmakers want to add extraneous matter to the application. This may include conditions beyond the mere subject-matter, instructions to commissioners, specific amendment language, convention rules, and pronouncements of various kinds. Don’t agree! Adding such material is both unprofessional and […]