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  • Conservatives Should Abandon the Filibuster

    Conservatives Should Abandon the Filibuster0

    • February 15, 2017

    Conservatives traditionally have supported the Senate filibuster because, supposedly, it puts the brakes on expansion of government. I’ve long thought conservatives should reconsider. With Democrats planning to filibuster President Trump’s nominee for the Supreme Court, a good time to reconsider is now. That’s because history shows that, on balance, the filibuster doesn’t put the brakes on

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  • Yes, Mr. President—You Must Enforce Laws You Don’t Like

    Yes, Mr. President—You Must Enforce Laws You Don’t Like0

    • January 3, 2017

    Must the president enforce laws he doesn’t like? The answer to this question lies in the Constitution’s phrase that the president “take Care that the Laws be faithfully executed.”

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  • Ebenezer Hazard: Forgotten Founder

    Ebenezer Hazard: Forgotten Founder0

    • December 6, 2016

    An earlier version of this article first appeared in Townhall.com. When we celebrate leading American founders such as George Washington and James Madison, we sometimes overlook their talented colleagues. One of these was Ebenezer Hazard. As postmaster general under the Articles of Confederation, he helped bind the country together. As a historical editor, he preserved precious

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  • For our Montana viewers… on the Montana Supreme Court

    For our Montana viewers… on the Montana Supreme Court0

    • November 7, 2016

    Because of a contested election for the Montana Supreme Court, I’m making available again a study of the court’s odd recent history.

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  • Changed Conditions May Justify Term Limits0

    • October 18, 2016

    This is the full version of an op-ed  first appearing in the Detroit Daily News. Advocates for term limits want to amend the Constitution to add them. Their most common argument is that restricting how long an elected official may serve will curb special interest influence and other federal abuse. The Articles of Confederation, the document

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  • What should you remember when drafting a constitutional amendment?0

    • October 16, 2016

    Last month, Citizens for Self Governance sponsored a simulated convention for proposing amendments in Williamsburg, Virginia. I was an adviser for the project, and just before the initial meeting I spoke to the assembled commissioners. My purpose was to provide them with some last-minute tips on drafting proposed constitutional amendments. Several people have asked me

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