Supreme Court’s Order Great for TABOR
For a video in which Rob and Justin Longo talk about the Arizona Legislature case and why it is good for TABOR, click here. A slightly abbreviated form of this article first appeared in the Denver Post. The U.S. Supreme Court’s recent order in the case against Colorado’s Taxpayer Bill of Rights (TABOR) is a […]
The Most Radical Decision Ever?
This article first appeared in The American Thinker. A complete commentary on the same sex marriage case would take far more than a single short article. Accordingly, I offer only some discrete thoughts: * A big expansion of federal power. Many libertarians believe the courts should use the Fourteenth Amendment to protect rights unenumerated in […]
The Supreme Court Uses Magna Carta to Curb Federal Property Grabs
This article was first published at CNSNews. The Fifth Amendment provides that “private property” shall not “be taken for public use, without just compensation.” When I wrote my book, The Original Constitution, I had to address the question of whether the Fifth Amendment phrase “private property” referred only to real estate or whether it included […]
Now Available: Regular Updates on Progress Toward An Amendments Convention
The drives for one or more convention of states to reform the dysfunctional federal government are proceeding apace, and Georgia lawyer David Guldenschuh is providing a newsletter with regular updates. His summaries contain information on the progress of every major application campaign—balanced budget, “convention of states,” campaign finance, and more. The latest version is here. […]
The Underselling of Magna Carta
This article first appeared at CNSNews. The exhibition on Magna Carta at the British Library in London is certainly worth seeing. The document was sealed on June 15, 1215, which means that (allowing for intervening changes in the calendar) its 800th anniversary arrives on June 25th of this year. The exhibition includes an array of […]
The Necessary and Proper Clause Grants Congress No Power
In a recent post, I pointed out that, despite superficial appearances, the Constitution’s Necessary and Proper Clause—clarifying that Congress has authority to make laws “necessary and proper” to carrying out its other enumerated powers—actually grants Congress no power. The Necessary and Proper Clause is representative of one of four related kinds of provisions found in […]
Evidence on the Powers the Constitution Leaves Exclusively to the States
This column also appears at CNSNews. The Constitution enumerates the powers of the federal government. But has anyone listed the exclusive powers of states—the realm the federal government may not invade without violating the Constitution? When discussing state authority, the Founders usually pointed out only that the federal government’s powers were, as Madison said, “few […]
Two Overreaching GOP House Bills Show Why We Need a Convention of States
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 […]
More Evidence That Warren Burger Was Defending Roe v. Wade When He Opposed A Convention of States
More evidence has turned up that the late Chief Justice Warren Burger was defending his Court’s decision in Roe v. Wade when he wrote three letters opposing the Article V convention process. Burger’s letters frequently are cited as authority by opponents of a “convention of states.” However, in an earlier posting I noted that the […]
New Origination Clause Article Now Published
The Harvard Journal of Law and Public Policy has now published my article on the Origination Clause. That’s the article documenting the research that found—contrary to all expectations—that the taxes in Obamacare were validly adopted. But it also found that the regulations and appropriations in Obamacare were invalidly adopted. You can read a summary of […]
Obamacare’s Constitutionality and the Origination Clause: New Evidence
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 […]
The Arkansas-Indiana Religious Freedom Controversy: “Progressive” Hypocrisy On Display
This article originally appeared at CNS News. When two of the largest corporations in the world—Walmart and Apple Computer—pressured Indiana and Arkansas politicians not to adopt laws protecting religious freedom, did you hear any howls against “corporate lobbying” or “corporate money” or corporate meddling in politics? Chances are you didn’t. Because Walmart and Apple were […]
