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  • The Constitution's Financial Terms0

    • October 28, 2015

    Note: This was originally a four-part series published at the leading constitutional law website, “The Volokh Conspiracy,” which is affiliated with the Washington Post. This succession of four parts discusses such questions as why the Supreme Court was wrong to characterize the Obamacare insurance penalty as a “tax,” why the apportionment requirement was adopted and

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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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  • 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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