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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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  • VA Scandals—Only the Latest Example of the Failure of Socialism0

    • April 9, 2015

    To know more about socialized medicine—and our future under Obamacare—check out the Department of Veterans’ Affairs health care scandals. The scandals encompass service failure, egregious cost overruns and delays, and basic failures (such as blood test mixups) that would be comical if not so dangerous. The VA hospital situation in Denver is a case in

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  • King v. Burwell: The Latest Obamacare Mess at the Supreme Court0

    • March 10, 2015

    When I first heard about King v. Burwell, the latest Obamacare controversy before the U.S. Supreme Court, I assumed it was the kind of case in which the legislative intent was clear, but for one reason or another the wording of the statute did not match the legislative intent. That would have been an interesting

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  • Chief Justice John Marshall: Not the Big Government Guy You Might Think0

    • February 22, 2015

    Chief Justice John Marshall (in office 1801-1835) is often identified with an expansive “big government” interpretation of the Constitution. Fans of big government cite him as an ally; opponents as an enemy. This view of Marshall is a caricature. It is true that Marshall was a Federalist—he occupied a place on the political spectrum of

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