What now?
The November 6 election outcome has many friends of the Constitution dispirited. As so often before, they hoped that by defeating federal candidates contemptuous of constitutional limits and replacing them with others, they could help restore our Constitution. Obviously, that decades-long strategy has failed—spectacularly. They also have long hoped that by appointing the right people […]
The Constitution and One State's "Campaign Finance Reform" Mess
From Montana come valuable lessons about campaign finance “reform.” Montana has a long history of adopting restrictive campaign laws. But such laws often violate citizens’ rights of free speech, as protected by the First Amendment to the U.S. Constitution. They also can be ways of manipulating the electoral process to benefit some interests at the […]
New II Issue Paper Rebuts Myth that Citizen Review of Laws and Taxes Violates the Republican Form
If you are exposed to enough politics, sooner or later you’ll hear the old saw that the U.S. is “a republic and not a democracy.” Along with that saying goes the following claim: Allowing voter initiatives and referenda is unconstitutional: If a state lets voters enact laws or veto tax hikes, the state is too […]
Obama's "American Jobs Act" Ploy Convinces Some, Anyway
The Obama administration’s “American Jobs Act”—a token measure forgotten by all but a few—is back in the news. Just over a year ago, I reported on the constitutional defects of President Obama’s “American Jobs Act” (AJA), a bill clearly designed to force Republicans to vote against it, thereby giving the President political “cover” on his […]
Federal “Campaign Finance” Laws are Mostly Unconstitutional
In a recent posting, I wrote: [I]t is dubious whether the Constitution even gives Congress power to regulate the source and amount of campaign contributions and expenditures. The background and meaning of the Constitution’s “Time, Places and Manner Clause”—which Congress uses to justify such laws—strongly suggests not. The Time, Places and Manner Clause is Article […]
Celebrating Justice O’Connor: Parade Magazine Muffs the Job
Yesterday’s Parade Magazine, the Sunday insert, featured a cover article on former Supreme Court Justice Sandra Day O’Connor. It was a terrific choice: Justice O’Connor has lived an inspirational life. But Parade essentially muffed the job. While displaying its eagerness to celebrate some of her more liberal views, the article entirely overlooked Justice O’Connor’s truly […]
The Supreme Court’s Citizens United Corporate Campaign case Should Be Controversial—But Not for the Reason You Think
If you have any doubt about the ability of the political Left to set the agenda in this country, look at the controversy over the Supreme Court’s 2010 Citizens United corporate campaign finance case. What most people have heard about the case is that it “allowed corporations to spend unlimited amounts in federal elections,” a […]
Supreme Court has chance to end state university ethnic discrimination
By granting certiorari in Fisher v. University of Texas, the Supreme Court has a chance to correct one of the most obnoxious aspects of modern jurisprudence. By that I mean permission given to state universities—in Grutter v. Bollinger (2003)—to use public resources to play racial and ethnic politics. I worked full time in public higher […]
Ignorance + Depravity –> Slavery + Ruin
“But still the people themselves must be the chief support of liberty. While the great body of the freeholders are acquainted with the duties which they owe to their God, to themselves, and to men, they will remain free. But if ignorance and depravity should prevail, they will inevitably lead to slavery and ruin.” — […]
The Anti-U.S. Origins of a Key Argument Against Letting the People Vote on Laws and Taxes
Opponents of popular government, such as those now challenging Colorado’s Taxpayer Bill of Rights (TABOR), argue that when a state allows the people to vote directly on laws or taxes it violates the U.S. Constitution’s mandate that every state have a “Republican Form of Government.” They claim their view comes from the American Founders. In […]
Neat Stuff We Learn About the Constitution When We Go Beyond The Federalist Papers
If you want to know more about the Constitution, don’t rely exclusively—or even primarily—on the Federalist Papers. For a good illustration of what other authors can teach us, read on. During the 1787-90 ratification debates over the Constitution, much more than The Federalist was written to illustrate the document’s meaning. True, The Federalist is among […]
Constitutional Arcana: The Forgotten Navigation Convention of 1786
In an earlier post, I reported that the Constitutional Convention of 1787 was far from unique: that during the lifetime of Benjamin Franklin (1706-1790) nearly 20 inter-colonial and interstate conventions met. Some were attended by as few as three colonies or states; others by as many as 12. These multi-governmental conventions were held in Philadelphia […]
