May state legislative applications limit an Article V convention? Subject, yes; specific language, probably not
- September 12, 2013
Fourteenth Amendment
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Justice Thomas again shows he’s the Supreme Court’s only consistent originalist0
- February 25, 2019
Although Justice Thomas agreed that the protection against excessive fines applies to the states, he was the only member of the court to do so on plausible originalist grounds.
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First decision of the Supreme Court Term: a unanimous liberal result0
- November 7, 2018
The statute is based on an overly-expansive definition of congressional power . . . But no member of the court wrote a concurring opinion to point that out . . .
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About birthright citizenship0
- October 31, 2018
Claims on both sides that the Constitution or case precedent clearly answer this question are not accurate.
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What should you remember when drafting a constitutional amendment?0
- October 16, 2016
Last month, Citizens for Self Governance sponsored a simulated convention for proposing amendments in Williamsburg, Virginia. I was an adviser for the project, and just before the initial meeting I spoke to the assembled commissioners. My purpose was to provide them with some last-minute tips on drafting proposed constitutional amendments. Several people have asked me
READ MORELegislative Reapportionment: The Supreme Court Steps Back0
- June 5, 2016
This article originally appeared in The American Spectator The Supreme Court recently stepped back from its campaign to impose its political preferences on the states. In Evenwel v. Abbott, the justices held while the U.S. Constitution requires states to apportion their legislatures solely by population, the Constitution does not prescribe a particular way of counting
READ MOREAntonin Scalia, RIP0
- February 13, 2016
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
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