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  • Unconstitutional? Extra-Constitutional? What’s the Difference?

    Unconstitutional? Extra-Constitutional? What’s the Difference?0

    • April 24, 2018

    You often hear that an action is “constitutional” or “unconstitutional.” More rarely, you hear the term “extra-constitutional.” Exactly how do these words differ? An action is constitutional if taken in accordance with a governing constitution. The governing constitution may be written or unwritten. In Britain, to become law a bill must pass the House of

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  • How the False Stories Against An Amendments Convention Got Started

    How the False Stories Against An Amendments Convention Got Started0

    • April 17, 2018

    This column first appeared in The Hill on April 2, 2018. We are witnessing a renewal and quickening of a 50-year old campaign to dissuade Americans from calling a convention for proposing constitutional amendments. Like voter suppression efforts, the campaign uses fear and disinformation to discourage citizens from exercising an important constitutional right. Article V of the Constitution permits the

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  • Is Federal Infrastructure Spending Unconstitutional?

    Is Federal Infrastructure Spending Unconstitutional?0

    • April 3, 2018

    The Tenth Amendment Center—in my opinion, one of the country’s most valuable constitutional websites—has produced a thoughtful video on the constitutionality of federal infrastructure spending. Based mostly on President James Madison’s 1817 veto, on constitutional grounds, of a bill to construct roads and canals, the video concludes that federal infrastructure spending violates the Constitution as that

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