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  • New Origination Clause Article Now Published0

    • May 2, 2015

    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

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  • How the Gruber Model Failed in Colorado0

    • March 10, 2015

    MIT professor Jonathan Gruber made millions predicting the effect of Obamacare. Given that people who make unkind remarks can do good work, it is important to assess how well the Gruber predictive model has performed. In Colorado, its poor predictions will likely end up costing taxpayers billions of dollars.

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  • More Evidence From Last Term That It’s Not a “Conservative Supreme Court”0

    • October 20, 2014

    Note: This article was first published at cns news. There is a common media myth that the current U.S. Supreme Court, or at least a majority of the current justices, is “conservative.” But if a “conservative” justice is one who consistently interprets the Constitution in accordance with traditional methods of judging—as the Founders intended for

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  • Numbers cast doubt on Hickenlooper’s teen pregnancy claims0

    • July 29, 2014

    Has Colorado really had more success in preventing “teen” pregnancies than other states? Gov. John Hickenlooper said yes in a news conference convened within days of the U.S. Supreme Court’s recent Hobby Lobby decision. But the numbers cast serious doubt on his story.

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  • Lessons For Federalism from Colorado’s Pot “Legalization”0

    • January 4, 2014

    (An earlier version of this post appeared on the website of The American Thinker.) It’s ironic that one of the few “states’ rights” battles won in recent times was Colorado’s decision to legalize marijuana in the teeth of federal laws to the contrary. Pot really isn’t legal in Colorado, of course. The federal government still

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  • The Meaning of the Commerce Power and Congress’s and the Courts’ Use (And Abuse) Of It0

    • December 14, 2013

    Are you interested in the true meaning of, and limits on, the Constitution’s much-abused Commerce Power? In a speech at the University of Utah in Salt Lake City on November 19, 2013, I outlined the intended scope of the power, how I reached my conclusions, and how the Supreme Court has stretched the Commerce Power

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