A spash of cold water: Kavanaugh probably won’t change much, but there are other options
This article first appeared in Townhall.com. When Senator Susan Collins made her now-famous speech stating she would vote to approve the nomination of Brett Kavanaugh to the Supreme Court, a keystone of her argument amounted to, “He won’t change much.” She noted Judge Kavanaugh’s dedication to case precedent. She also noted that while the national […]
Are recent “rescissions” of Article V applications valid?
“The preambles of seven of the nine rescissions show they were based on material mistakes of law and fact.
Missouri court gets it right on constitutional amendment law
“The courts have a long record of applying constitutional amendment law accurately and fairly.”
What does it mean for the Senate to give Its “Advice and Consent?”
“During the 18th century, when “advice” . . . appeared in the same phrase with the preposition “with,” the word meant deliberation or consideration.”
II Court Brief Uphold’s Founders’ View of Electoral College
But a “friend of the court” brief filed by the Independence Institute has shredded one of the key defenses.
New article shows how 18th century law helps us understand the Constitution
“Living Constitutionalists” sometimes claim erroneously that recovering the Constitution’s original meaning is impractical.
Impeachment: What did the Founders mean by “High Misdemeanors?”
A president . . . is subject to impeachment and removal for dishonesty, disloyalty, negligence, and the like. But he is not impeachable merely for mistakes in policy or reasonable disagreements over interpretation of the law.
What Happens to America’s International Treaty Obligations When States “Legalize” Pot?
….. before the Constitution was signed . . . states passed laws violating the 1783 treaty with Britain . . . .
The Founders’ promises about what the Federal Government could NOT do
Functions outside the federal sphere were to include “social services, education, criminal law, civil justice, land use, and others.”
The U.S. Post Office: the Constitution’s odd nod to socialism
What does the Postal Power tell us about congressional delegation to administrative agencies?
New Study: only one state away from a convention to propose a balanced budget amendment
The Constitution says that “on the Application of the Legislatures of two thirds of the several States, [Congress] shall call a Convention for proposing Amendments.” However, there has been relatively little credible research into what “the Application of . . . two thirds” means. Most scholars who have investigated the issue agree that applications must […]
New information on the Constitution’s ratification — Part I: South Carolina
. . . if you want to apply the Founders’ own rules of interpretation to the Constitution, the understanding of the ratifiers is most important.
