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  • New Article Shows How 18th Century Law Helps Us Understand the Constitution

    New Article Shows How 18th Century Law Helps Us Understand the Constitution0

    • July 10, 2018

    “Living Constitutionalists” sometimes claim erroneously that recovering the Constitution’s original meaning is impractical.

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  • Abolish the Filibuster? Maybe We Should0

    • July 10, 2016

    Should freedom advocates support the U.S. Senate’s “filibuster” rule? The traditional answer has been “yes.” But we might want to take another look. The Senate’s filibuster system allows individual Senators to block legislative action by making long speeches (i.e., “filibuster”) on the floor. When several Senators take turns speaking, they can block legislative action indefinitely.

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  • The Most Radical Decision Ever?0

    • June 29, 2015

    This article first appeared in The American Thinker. A complete commentary on the same sex marriage case would take far more than a single short article. Accordingly, I offer only some discrete thoughts: * A big expansion of federal power. Many libertarians believe the courts should use the Fourteenth Amendment to protect rights unenumerated in

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  • Two Overreaching GOP House Bills Show Why We Need a Convention of States0

    • May 17, 2015

    Two bills introduced in the U.S. House of Representatives show that whatever they may say on the campaign trail, many Republicans in Congress don’t have much more respect for federalism, states’ rights, or local control than Democrats do. These two bills also demonstrate, if further demonstration be needed, that Congress has broken almost all constitutional

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  • New Origination Clause Article Now Published0

    • May 2, 2015

    The Harvard Journal of Law and Public Policy has now published my article on the Origination Clause. That’s the article documenting the research that found—contrary to all expectations—that the taxes in Obamacare were validly adopted. But it also found that the regulations and appropriations in Obamacare were invalidly adopted. You can read a summary of

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  • Obamacare’s Constitutionality and the Origination Clause: New Evidence0

    • April 27, 2015

    This article originally appeared at the American Thinker. One of the constitutional disputes triggered by the Affordable Care Act, Obamacare, is whether by substituting new material for the original House-passed bill (H.R. 3590), the Senate exceeded its constitutional power to amend the original measure. This, in turn, has provoked a debate over whether the Founders

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