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 In his notes to the ninth volume of English Historical Documents, the distinguished historian Merrill Jensen explained how much the English settlement of America relied […]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.
This Resolution Suggests Congress Did Agree to a Broad Constitutional Convention
On April 23, 1787, the Confederation Congress extended the post office franking privilege to all commissioners about to attend the Constitutional Convention. In other words, Congress gave to convention delegates the same privilege to send and receive free mail its own members enjoyed. Why is that important? Because it tends to show that Congress accepted […]
Changed Conditions May Justify Term Limits
This is the full version of an op-ed first appearing in the Detroit Daily News. Advocates for term limits want to amend the Constitution to add them. Their most common argument is that restricting how long an elected official may serve will curb special interest influence and other federal abuse. The Articles of Confederation, the document […]
What should you remember when drafting a constitutional amendment?
Last month, Citizens for Self Governance sponsored a simulated convention for proposing amendments in Williamsburg, Virginia. I was an adviser for the project, and just before the initial meeting I spoke to the assembled commissioners. My purpose was to provide them with some last-minute tips on drafting proposed constitutional amendments. Several people have asked me […]
