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  • The Meaning of the Commerce Power and Congress’s and the Courts’ Use (And Abuse) Of It0

    • December 14, 2013

    Are you interested in the true meaning of, and limits on, the Constitution’s much-abused Commerce Power? In a speech at the University of Utah in Salt Lake City on November 19, 2013, I outlined the intended scope of the power, how I reached my conclusions, and how the Supreme Court has stretched the Commerce Power

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  • How a Conspiracy Cracked a Monopoly0

    • December 1, 2013

    Anyone interested in the constitutional debate over the “Affordable Care Act” should pick up a copy of the new book, A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case. This “conspiracy” was not a political plot or an illegal combination. Rather, it is one of the nation’s two top constitutional law websites—a

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  • Supreme Court’s Obamacare Decision Renders Federal “Tort-Reform” Bill Unconstitutional0

    • October 18, 2013

    Just to show you that hypocrisy is alive and well in Washington, D.C. (as if you didn’t know), Title V of the Republican bill to “repeal and replace Obamacare” contains some of the same constitutional problems that led 27 states to challenge Obamacare. Under Title V, Congress would partially assume command of  state jury trials

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  • Shut 'Er Down!0

    • September 29, 2013

    Two stories in today’s Denver Post show how cynically the mainstream media are playing the story about what they misleadingly call a “government shutdown.” Of course, it’s really not a shutdown, just a slowdown—more on that below. And in our constitutional system the states, not the feds, are the primary line of government. The states

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  • And You “Can’t” Defund Obamacare . . . Why?0

    • August 25, 2013

    Freedom and popular government in Britain and America became possible because over the course of many years the House of Commons, and later the American colonial legislatures, were willing to exert the power of the purse to discipline an overreaching executive. In Britain, the House of Commons—Parliament’s lower chamber—sometimes defunded the executive in order to

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  • Colorado, Here's One Way You Can Learn from Montana—Reject the Obamacare Medicaid Extension0

    • April 21, 2013

    Colorado’s legislature and governor have opted to endanger our state’s financial future—and the quality of health care—by yoking Colorado to Obamacare’s risky and expensive “Medicaid expansion.” This is one area in which Colorado could take a lesson from our sister state to the north, Montana. Montana has a long history of what used to be

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