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  • First decision of the Supreme Court Term: a unanimous liberal result

    First decision of the Supreme Court Term: a unanimous liberal result0

    • November 7, 2018

    The statute is based on an overly-expansive definition of congressional power . . . But no member of the court wrote a concurring opinion to point that out . . .

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  • What Does the Constitution Say About Federal Land Ownership?0

    • February 6, 2016

    The “Bundy stand-off” in Oregon at a federal wildlife refuge has triggered (or, rather, re-triggered) questions about the constitutionality of federal land ownership. Westerners in particular question why the federal government should own nearly 30% of the country. In the West, the issue is particularly important. The federal government has title to about half the

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  • The Impending Convention for Proposing Amendments — Part IV0

    • 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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