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  • A "Prestige Journal" Effort to Rebut Rob0

    • August 3, 2015

    Most of the “prestige” law journals have shown no interest in publishing my articles, including those that later turned out to be influential. This is not surprising, since year after year those journals remain firmly in the hands of the legal Left. But the prestige journals have shown considerable interest in publishing articles that cite

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  • The Legal Case for Federal Land Disposal is Much Stronger than Critics Think0

    • July 31, 2015

    The American Lands Council is a Utah-based organization that argues that the federal government should transfer part of its massive land holdings to the states. In recent weeks, apologists for federal land ownership have been savaging the American Lands Council and its leader, Utah Rep. Ken Ivory, in the Utah press. I don’t agree with

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  • Evidence on the Powers the Constitution Leaves Exclusively to the States0

    • May 18, 2015

    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

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  • Resisting Federal Usurpation: Comments by Theophilus Parsons0

    • January 4, 2015

    Several years ago, I wrote on this site about the contributions to the American Founding of Josiah Quincy. Another little-known Founder who should be more widely celebrated today was Theophilus Parsons. Parsons was from the same Massachusetts circle that produced Quincy. He was an an outstanding lawyer and an eloquent spokesman for republican government and

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  • The Washington Post Picks Up the Flag from the Convention Alarmists0

    • October 27, 2014

    The past week saw yet another assault on those reformers who seek to cure federal dysfunction by promoting a “Convention for proposing Amendments.” The latest attack took the form of an opinion column that in content offered nothing new. It featured many of the usual errors of commission and omission: The author confused a “Convention

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  • More evidence that "progressivism" increasingly is totalitarianism0

    • July 7, 2014

    Early this year in The American Thinker and in this column I discussed state marijuana legalization and federalism. I cautioned against advocates of freedom and federalism forming alliances with the “progressive” left on those issues in which the left claimed to favor free choice. I pointed out that that for that bunch”free choice” is nearly

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