The Constitutional Studies Center combines careful, objective scholarship into the original understanding of the Constitution with advocacy for human freedom under law. It produces books, issue papers, articles, and legal briefs reporting the results of its research. Since 2010, the Center has had enormous influence on constitutional law cases and commentary, but also on policy makers and grass roots activists. For example, the Center’s research findings galvanized the massive and growing “Article V” movement to restore constitutional limits on the federal government.
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Is it a “tax” or not a “tax”? The original understanding0
- September 11, 2011
On September 8 the U.S. Court of Appeals for the Fourth Circuit dismissed two suits challenging Obamacare without ever reaching the merits. In the case brought by the Commonwealth of Virginia, the court held that Virginia did not have standing to challenge the insurance mandate on individuals. In the case brought by Liberty University, the
READ MOREII Submits Brief Destroying Basis for Suit against Colorado’s Taxpayer Bill of Rights0
- September 4, 2011
The Independence Institute, through Dave Kopel as legal counsel, has submitted an amicus curiae (“friend of the court”) brief opposing the lawsuit to overturn Colorado’s Taxpayer Bill of Rights. The brief destroys the plaintiffs’ claim that by allowing citizens to vote on tax increases, Colorado is violating the U.S. Constitution’s requirement that all states have
READ MOREThe latest Obamacare case was wrong to uphold Medicaid expansion—Part II0
- August 28, 2011
On August 12, the U.S. Court of Appeals for the Eleventh Circuit struck down Obamacare’s mandate that individuals buy insurance, but upheld the Medicaid mandates imposed on states. As I already have explained, the Medicaid ruling was wrong under the Constitution’s original meaning. In this post, I explain why the ruling also is incorrect even
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The latest Obamacare case was wrong to uphold Medicaid expansion—Part I0
- August 20, 2011
As noted in my last post, on August 12 the U.S. Court of Appeals for the Eleventh Circuit struck down as unconstitutional the Obamacare mandate that citizens purchase health insurance. However, the Court upheld the law’s massive expansion of the Medicaid program. Medicaid—part the 1960s “Great Society” mishmash now so widely understood to be a
READ MOREYet Another Court Voids Obamacare’s Insurance Mandates0
- August 15, 2011
On August 12, the United States Court of Appeals for the Eleventh Circuit held that the insurance mandate in the “Obamacare” health control law is unconstitutional. The Court ruled that the mandate exceeded Congress’s Commerce Power, and was not a “tax” under Congress’s Taxation Power. The ruling came in State of Florida v. U.S. Dept.
READ MOREConfused About an Article V Amendments Convention? New Article Provides Answers0
- August 4, 2011
As I predicted in this column, Congress’s continued inability to deal effectively with the debt crisis is AGAIN provoking interest in bypassing Congress with one or more corrective constitutional amendments. We could do this if the state legislatures use their constitutional power to bring about what the Constitution calls a “convention for proposing amendments.” I’m
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Contact
Rob Natelson, Senior Fellow, Constitutional Jurisprudence
Email: rob.natelson1@gmail.com
Phone: 303-279-6536, ext 114