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  • Scalia Probably Favored An Amendments Convention — But Does It Matter?

    Scalia Probably Favored An Amendments Convention — But Does It Matter?0

    • April 12, 2017

    A majority of state legislatures have voted to trigger the U.S. Constitution’s most important procedure for reforming the federal government. This is the gathering that Article V of the Constitution calls “a convention for proposing amendments”—more popularly known as a “convention of states.” Advocates of a convention of states rely on a supportive statement made by the

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  • Antonin 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 opinion

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  • Problems in the Recess Appointments Case (Even though Rob was cited again)0

    • June 29, 2014

    (This article originally appeared in The American Thinker.) I applaud the result of the recess appointments case and I am happy to have been cited again in a Supreme Court opinion (this time by Justice Scalia). But in several respects the case exemplifies what is wrong with constitutional jurisprudence today. In National Labor Relations Board

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  • The Defense of Marriage Act Case: A Carcass for Constitutional Vultures0

    • July 21, 2013

    (This is the fourth of several short commentaries on recent Supreme Court decisions.) U.S. v. Windsor—the case in which the Supreme Court struck down the Defense of Marriage Act (DOMA)—is a carcass from which constitutional flesh-pickers will feast for a very long time. It is one of those cases like Dred Scott v. Sandford or

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