The Constitutional Issues In Same-Sex Marriage
I’ve found that most of the discussion about same-sex marriage, even among lawyers, tends to mis-characterize the constitutional issues. This is particularly true of the “equal protection” issues. Under the Constitution as originally understood, jurisdiction over domestic relations outside federal enclaves and federal territories was reserved to the states. State laws dealing with domestic relations […]
Some Humor on the Corruption of the the Modern University
A high school senior who has just gone through the college admissions process humorously reflects on her experience in this Wall Street Journal op-ed. Her column is a good P.S. to my recent posting on what’s wrong at modern universities. Beneath the humor, the analysis by Suzy Lee Weiss of the skewed criteria many admissions […]
Protecting People Against "Gun Control"
My recent address in Grand Junction on the Colorado gun control laws has received widespread notice. This is particularly so of the part pointing out that the same arguments used by the legislative majority for gun control could be used to restrict other constitutional rights, such as free speech and sexual choice. I’ve reproduced the […]
The Modern University: Giving Honors to the Dishonorable
If you want an illustration of what is wrong with higher education today, a good one is what I had to sit through when my daughter Deborah graduated a few months ago. Deborah is a native Montanan, born when my wife and I lived in Missoula. She recently received her masters degree from the University […]
Freedom, Not Government, Made America Great
When a columnist in the Lakewood Hub edition of the Denver Post advanced the ridiculous thesis that 19th century American progress was largely due to government programs, I just had to respond. The truth, of course, is that 19th century America was generally a time of minimal government and almost unimaginable (to us) economic freedom. […]
Get Rob's authoritative book on the Constitution's REAL meaning
The Original Constitution: What It Actually Said and Meant (2nd ed.) is an objective explanation of the Constitution as understood immediately after adoption of the Bill of Rights. The Original Constitution is written for the layperson. It draws on legal and historical sources alike, including many long-overlooked by other writers. Get it here or here.
Think your state courts are bad? Check this out.
Conservatives in Colorado and other states often complain about the liberalism of their states’ courts. They should be glad they don’t live in Montana. Montana’s public image is one of rugged individualism, and in a few spheres of life (such as guns), image reflects reality. But in fiscal and regulatory affairs, Montana has a long […]
Independence Institute Moves to Protect TABOR in U.S. Court of Appeals
The Independence Institute is once again defending the Colorado Taxpayers Bill of Rights against attack. II has filed an amicus curiae (“friend of the court”) brief with the U.S. Court of Appeals, shooting holes in the plaintiffs’ claim that allowing the people to check the state legislature’s financial powers is somehow “unrepublican.” The national think […]
New Issue Paper on the Interstate Threat of the anti-TABOR Lawsuit
As regular readers of this site know, a group of plaintiffs representing government interests has sued the State of Colorado, claiming that the Taxpayer Bill of Rights (TABOR) in the state constitution violates the U.S. Constitution. Even though the claim is an exceptionally weak one, last year a federal district court allowed it to proceed. […]
Why the Framers Could Suggest Ratification by Only Nine States
In prior postings such as the one here, I have explained why it is wrong to claim that the commissioners (delegates) to the 1787 Constitutional Convention exceeded their power in recommending that the Articles of Confederation be replaced by a new instrument. Another aspect of the same charge is that the Framers exceed their power […]
How the Courts have Clarified the Constitution's Amendment Process
One source of security we have in using the Constitution’s amendment process is that the courts, including the U.S. Supreme Court, have a long history of protecting the integrity of the procedure. Many of those who pontificate on the subject are largely unaware of this jurisprudence. Some have never investigated it. Some think the courts […]
It's Been Done Before: A Convention of the States to Propose Constitutional Amendments
In 1861, the states held a dry run for an Article V “convention for proposing amendments.” The event was the Washington Conference Convention or Washington Peace Conference. It was called by the Virginia legislature in January of 1861 in an effort to avert the Civil War. The idea was that the convention would draft and […]
