Ranking the Presidents Using CONSTITUTIONAL Factors Rather than Liberal Politics
This article was first published by CNSNews. In an earlier post, I pointed out that the usual academic rankings of presidents are flawed. They are flawed because they rely on criteria not in the Constitution’s job description for the president. As a result, academic rankings consistently overrate liberal activist presidents and underrate those who conscientiously […]
Measuring Good and Bad Presidents: Why Academic Historians Are Wrong
This article was first posted at CNS News. I recently watched an academic panel on C-SPAN devoted to “The Worst Presidents In American History.” It was sponsored by the Organization of American Historians. As is true of so many academic panels today, it was “diverse” in the sense that the participants were of different races […]
Is the “Compact for America” Plan to Amend the Constitution Constitutional? Unfortunately not.
II’s Article V Information Center has just issued a law report concluding that the “Compact for America” approach to amending the Constitution is, unfortunately, almost wholly unconstitutional.
New Article on What “Taxes” Are (And Aren’t) Under the Constitution, and the Implications for Obamacare
Was the Supreme Court right to call Obamacare’s insurance penalty a “tax?”
What is an Amendments Convention “Application?” What is a “Call?”
Article V of the Constitution states that “The Congress . . . on Applications of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments.”
Latest Update on Applications for a Convention for Proposing Amendments
Georgia Lawyer and Article V expert Dave Guldenschuh has just issued his latest update on Article V amendment activity around the country. You can retrieve it here.
When They Start Throwing Black’s Law Dictionary at You—Duck!
If you are involved in politics, sooner or later someone will “prove” his point by quoting to you a line from Black’s Law Dictionary, Corpus Juris Secundum, or a similar source. He may tell you that these are “definitive” legal sources, not to be doubted. Whatever he’s selling, don’t buy it. These sources are not […]
Antonin Scalia, RIP
Justice Antonin Scalia was one of the most eloquent opinion writers in the history of the United States Supreme Court–perhaps the greatest of all. His dissents may have been the most powerful ever written. Justice Scalia was more than an outstanding lawyer: He was an perceptive social commentator. In tribute, I reproduce below his […]
What Does the Constitution Say About Federal Land Ownership?
The “Bundy stand-off” in Oregon at a federal wildlife refuge has triggered (or, rather, re-triggered) questions about the constitutionality of federal land ownership. Westerners in particular question why the federal government should own nearly 30% of the country. In the West, the issue is particularly important. The federal government has title to about half the […]
More On Why Amendment Procedures Are Not Governed by the States’ Tenth Amendment Powers
A few groups pushing constitutional amendments are trying to convince state legislatures to adopt laws and interstate compacts that rely on state authority reserved by the Tenth Amendment. This is a serious mistake—one that likely will lead to defeat in the courts. In a recent article, I pointed out that the courts have held repeatedly […]
English Law and the Constitution
Credits: This article arose out of conversations with constitutional commentator Gary Porter. After I wrote my article on the meaning of the constitutional term “natural born,” some people asked me why the English version of that term applied rather than versions prevailing in other countries. The reason is that when the drafters of the original […]
Claims that Senator Cruz is not “Natural Born” Need to be Taken Seriously
Note: A shorter version of this article originally appeared at The Originalism Blog at the University of San Diego. Some commentators are dismissing as merely frivolous the claim that Senator Ted Cruz is not a “natural born citizen” as the Constitution uses that term, and therefore ineligible for the presidency. This dismissive attitude is a […]
