Think your state courts are bad? Check this out.
Conservatives in Colorado and other states often complain about the liberalism of their states’ courts. They should be glad they don’t live in Montana. Montana’s public image is one of rugged individualism, and in a few spheres of life (such as guns), image reflects reality. But in fiscal and regulatory affairs, Montana has a long […]
Independence Institute Moves to Protect TABOR in U.S. Court of Appeals
The Independence Institute is once again defending the Colorado Taxpayers Bill of Rights against attack. II has filed an amicus curiae (“friend of the court”) brief with the U.S. Court of Appeals, shooting holes in the plaintiffs’ claim that allowing the people to check the state legislature’s financial powers is somehow “unrepublican.” The national think […]
New Issue Paper on the Interstate Threat of the anti-TABOR Lawsuit
As regular readers of this site know, a group of plaintiffs representing government interests has sued the State of Colorado, claiming that the Taxpayer Bill of Rights (TABOR) in the state constitution violates the U.S. Constitution. Even though the claim is an exceptionally weak one, last year a federal district court allowed it to proceed. […]
Why the Framers Could Suggest Ratification by Only Nine States
In prior postings such as the one here, I have explained why it is wrong to claim that the commissioners (delegates) to the 1787 Constitutional Convention exceeded their power in recommending that the Articles of Confederation be replaced by a new instrument. Another aspect of the same charge is that the Framers exceed their power […]
How the Courts have Clarified the Constitution's Amendment Process
One source of security we have in using the Constitution’s amendment process is that the courts, including the U.S. Supreme Court, have a long history of protecting the integrity of the procedure. Many of those who pontificate on the subject are largely unaware of this jurisprudence. Some have never investigated it. Some think the courts […]
It's Been Done Before: A Convention of the States to Propose Constitutional Amendments
In 1861, the states held a dry run for an Article V “convention for proposing amendments.” The event was the Washington Conference Convention or Washington Peace Conference. It was called by the Virginia legislature in January of 1861 in an effort to avert the Civil War. The idea was that the convention would draft and […]
Count of Legislative Applications for a Balanced Budget Amendment
by Rob Natelson The following states have applications outstanding for a federal convention to propose a balanced budget amendment: Alabama, Alaska, Arkansas, Colorado, Delaware, Florida, Indiana, Iowa, Kansas, Maryland, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, Pennsylvania, and Texas. That’s 19 of the 34 states required. In addition, Illinois has an 1861 […]
New Flyer Explains How the States Can Use the Constitutional Amendment Process to Curb the Feds (Article V)
by Rob Natelson The Founders built various checks and balances into the Constitution. One of the most important was the power of state legislatures to propose constitutional amendments to curb an abusive federal government. The Founders placed the procedure in the Constitution’s Article V. The Founders would be astonished—and chagrined—to learn the process has never […]
The Myth of the “Conservative Supreme Court”
Is the current U.S. Supreme Court conservative? No, it is not. And certainly not if you define “conservative” as interpreting the Constitution according to the understanding of the makers. The claim that the Court has a conservative majority is certainly widespread. Googling the phrase “conservative supreme court” turned up over 38 million hits. The more […]
Can the President Raise the Debt Limit Unilaterally? Hell no! — Part II
The claim—partly silly, partly dangerous—that President Obama may raise the debt limit unilaterally without the approval of Congress is again being raised. I addressed it previously here. Now it has been further debunked in a Wall Street Journal op-ed authored by David B. Rivkin and Lee A. Casey. Under the Constitution, only Congress may incur […]
A Response to Professor Seidman
Should we acknowledge that the U.S. Constitution is filled with “archaic, idiosyncratic and downright evil provisions,” and “extricat[e] ourselves from constitutional bondage” by cashiering the document? “As the nation teeters at the edge of fiscal chaos, observers are reaching the conclusion that the American system of government is broken,” argues Louis Michael Seidman, tasked with […]
Did the Founders’ Constitution Permit Federal Tort Reform?
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 […]
