judiciary

The Impending Convention for Proposing Amendments — Part IV 0
- December 31, 2015
Note: This series of six articles originally appeared in the Washington Post’s “Volokh Conspiracy,” a leading constitutional law website. Parts I, II, and III appear below this post, and Parts V and VI will be posted in the near future. How the judiciary’s decisions shed light on the federal amendments convention Although there has not
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Wisdom From A Framer on Federalism, Guns, and the Amendment Process 0
- July 18, 2015
This article was first published on CNS News. A newly published speech by one of our Framers offers important clues to the constitutional role of the states, of the right to keep and bear arms, and of the amendment process. Charles Carroll of Carrollton represented Maryland at the Constitutional Convention. After the convention was over,
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Evidence on the Powers the Constitution Leaves Exclusively to the States 0
- 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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Supreme Court’s Obamacare Decision Renders Federal “Tort-Reform” Bill Unconstitutional 0
- October 18, 2013
Just to show you that hypocrisy is alive and well in Washington, D.C. (as if you didn’t know), Title V of the Republican bill to “repeal and replace Obamacare” contains some of the same constitutional problems that led 27 states to challenge Obamacare. Under Title V, Congress would partially assume command of state jury trials
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Did the Founders’ Constitution Permit Federal Tort Reform?0
- November 23, 2012
NOTE: The photo shows the author at the sundial in James Madison’s garden at Montpelier, VA. On behalf of the national Chamber of Commerce, super-lawyer Paul Clement has authored a new paper arguing that federal tort reform is constitutional. The paper begins with a section purporting to show that the Framers’ Commerce Clause was broad
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Obamacare Decision Suggests U.S. Malpractice Bill Unconstitutional 0
- July 27, 2012
Little-noticed amid the commentary on the Supreme Court’s health care decision is the decision’s blow to congressional efforts to federalize medical malpractice law—a potential element of the Republican plan to “replace Obamacare.” Medical malpractice cases, like most areas of civil justice, traditionally are judged by state courts under state law rather than by the national
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