New Video on TABOR—the Colorado Taxpayer’s Bill of Rights
Fred Holden (below) and Rob Natelson, both Senior Fellows at the Independence Institute, talk about the famous Colorado Taxpayer’s Bill of Rights in this interview.
Reduce Holdings of 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 […]
Constitutional Convention: John Jay Letter Shows Its Power Came from State Legislatures, not Congress
A persistent constitutional myth has it that (1) Congress called the Constitutional Convention under the Articles of Confederation, (2) the convention drew its power from Congress, and (3) the convention exceeded its power when it recommended a new Constitution rather than merely propose amendments to the Articles. As readers of this website know, however, the […]
How to Replace Justice Scalia on the Supreme Court
President-Elect Trump says he wants to nominate a justice like the late Antonin Scalia to the U.S. Supreme Court. That means a justice who follows the judicial philosophy of “originalism.” Originalism is the view that we should interpret the Constitution much as we interpret other legal documents—in accordance with the understanding of the people who […]
TABOR: All About the Taxpayer’s Bill of Rights
Rules limiting the legislature’s ability to tax, spend, and/or incur debt appear in the U.S. Constitution and in the constitutions of almost all states. But probably the most famous and most controversial is Colorado’s “Taxpayer’s Bill of Rights,” or TABOR. TABOR gives the people, voting in referenda, the final say on most state and local […]
Yes, Mr. President—You Must Enforce Laws You Don’t Like
Must the president enforce laws he doesn’t like? The answer to this question lies in the Constitution’s phrase that the president “take Care that the Laws be faithfully executed.”
American Colonies: Mostly Private Enterprise
Too many of us who are enthusiastic about space exploration and colonization expect the federal government to lead the way. We should learn from the founding of the American colonies. In his notes to the ninth volume of English Historical Documents, the distinguished historian Merrill Jensen explained how much the English settlement of America relied […]
Electoral College: Answers to Questions
Here are answers to some questions I’ve gotten about the Electoral College since Election Day: Q. What is the Electoral College? A. It’s not an educational institution! The term “college” is a typical 18th century latinate usage, based on the Latin word “collegium,” meaning a club or guild. (This another example of why knowledge of […]
Ebenezer Hazard: Forgotten Founder
An earlier version of this article first appeared in Townhall.com. When we celebrate leading American founders such as George Washington and James Madison, we sometimes overlook their talented colleagues. One of these was Ebenezer Hazard. As postmaster general under the Articles of Confederation, he helped bind the country together. As a historical editor, he preserved precious […]
Did Congress Approve the Constitution? A Member’s Letter Says “Yes”
Some people argue the Constitution was adopted illegally. They assert that the Confederation Congress needed to approve the document, but never did. But principles of law tell us that they are wrong. So does a rarely-mentioned letter from a member of the Confederation Congress. It is true that most (not all) of the resolutions by […]
For our Montana viewers… on the Montana Supreme Court
Because of a contested election for the Montana Supreme Court, I’m making available again a study of the court’s odd recent history.
