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  • Struggling With Nullification0

    • February 3, 2014

    Does a state have the right to nullify federal statutes the state considers unconstitutional? This depends largely on how you define “nullification.” It also depends on what you mean by “right” and what kind of document you understand the Constitution to be. In other words, it depends on your premises. Unfortunately, people often discuss—and debate,

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  • Madison and the Amendments Convention: A New Chapter in a Brand New Book0

    • September 15, 2013

    A new book, edited by Professor Neil H. Cogan, has just been issued in which well-known constitutional scholars from across the political spectrum explore issues of state interposition, nullification, and secession. I am among the contributors: I wrote the second chapter, which is entitled James Madison and the Constitution’s Convention for Proposing Amendments. The book

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  • Time Mag’s Constitutional Baby Babble0

    • June 26, 2011

    Several readers sent me for comment a lengthy cover article in Time Magazine by managing editor Richard Stengel. Stengel’s piece is one result of new public interest in our Constitution and in “first principles”—interest that has forced political liberals (Stengel has been a paid Democratic activist) to think about the document’s real meaning.  Previously, of

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