What does it mean for the Senate to give Its “Advice and Consent?”

“During the 18th century, when “advice” . . . appeared in the same phrase with the preposition “with,” the word meant deliberation or consideration.”
II Court Brief Uphold’s Founders’ View of Electoral College

But a “friend of the court” brief filed by the Independence Institute has shredded one of the key defenses.
New article shows how 18th century law helps us understand the Constitution

“Living Constitutionalists” sometimes claim erroneously that recovering the Constitution’s original meaning is impractical.
Why constitutional commentators need to know Latin

The lack of a Latin requirement . . . has encouraged people to become constitutional commentators who are more interested in advancing political agendas than sound constitutional law.
Impeachment: What did the Founders mean by “High Misdemeanors?”

A president . . . is subject to impeachment and removal for dishonesty, disloyalty, negligence, and the like. But he is not impeachable merely for mistakes in policy or reasonable disagreements over interpretation of the law.
What Happens to America’s International Treaty Obligations When States “Legalize” Pot?

….. before the Constitution was signed . . . states passed laws violating the 1783 treaty with Britain . . . .
The Founders’ promises about what the Federal Government could NOT do

Functions outside the federal sphere were to include “social services, education, criminal law, civil justice, land use, and others.”
The U.S. Post Office: the Constitution’s odd nod to socialism

What does the Postal Power tell us about congressional delegation to administrative agencies?
Colorado Supreme Court issues 2nd anti-TABOR decision in less than a month—showing why we need reform!

The Colorado Supreme Court has continued its demolition campaign against the Colorado Taxpayer’s Bill of Rights (TABOR) with a new decision further restricting the people’s right to vote on tax increases. This latest decision comes less than a month after the court held the people have no right to vote on a law that re-adjusted sales […]
New information on the Constitution’s ratification — Part III: Vermont

New Hampshire was, and is, quite a small state, but its ratification was particularly significant.
New Study: only one state away from a convention to propose a balanced budget amendment

The Constitution says that “on the Application of the Legislatures of two thirds of the several States, [Congress] shall call a Convention for proposing Amendments.” However, there has been relatively little credible research into what “the Application of . . . two thirds” means. Most scholars who have investigated the issue agree that applications must […]
New information on the Constitution’s ratification — Part II: New Hampshire

New Hampshire was, and is, quite a small state, but its ratification was particularly significant.