Supreme Court Just Helped out the Real Colorado
- July 19, 2024
“Here’s an important, but widely overlooked, feature: The document doesn’t grant power only to federal officials. It also confers power on persons and entities who are not part of the U.S. government at all.”
READ MOREIn issuing his latest directive, the governor missed opportunities to quit being an autocrat and start being a statesman.
READ MOREThe Constitution’s flexibility in emergency is why the late Justice Robert H. Jackson once said, “The Constitution is not a suicide pact.” But emergencies do not cause the Constitution to vanish.
READ MORE“[A]nother mistake is that because an amendments convention executes a federal function, Congress can control it. But . . . the rules and protocols for carrying out federal functions come from the Constitution, not from Congress.”
READ MOREColorado’s orders are classic examples of infringements of fundamental rights that are both overbroad and underinclusive—and therefore unconstitutional.
READ MORE“… when Hamilton stated . . . that he believed electors would use “information and discernment,” that is not very good evidence that future electors did in fact use information and discernment. But it is quite good evidence that Hamilton and his readers believed the Constitution empowered electors to do so.”
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