Quantcast
728 x 90
728 x 90
728 x 90
728 x 90
728 x 90



  • More Evidence From Last Term That It’s Not a “Conservative Supreme Court”0

    • October 20, 2014

    Note: This article was first published at cns news. There is a common media myth that the current U.S. Supreme Court, or at least a majority of the current justices, is “conservative.” But if a “conservative” justice is one who consistently interprets the Constitution in accordance with traditional methods of judging—as the Founders intended for

    READ MORE
  • The Founders as Mythology0

    • September 7, 2014

    Recently when commenting on how Americans view the Founding, an associate of mine observed that in many people’s minds the Founders had become mythological rather than historical figures. That is, many people routinely ascribe ideas and actions—both good and bad, wise and stupid—to them that have little to do with historical reality or even human

    READ MORE
  • No, the Necessary and Proper Clause Does NOT Empower Congress to Control an Amendments Convention0

    • August 23, 2014

    A few days ago I heard a presentation by a spokesman for a group that claims to defend the Constitution and revere the Founders. Yet the spokesman trashed the Constitution’s framers for allegedly exceeding their authority and claimed they added a provision that largely rendered another provision useless. In other words, the spokesman charged the

    READ MORE
  • New Article: Government's Obligation To Be Impartial0

    • August 8, 2014

    The Constitution was adopted amid a belief that government is a public trust.* Does the Constitution require federal and state governments to adhere to formal duties of public trust—that is, to fiduciary duties? In some places, at least, it clearly does: The Equal Protection Clause of the Fourteenth Amendment imposes on the states what is

    READ MORE
  • New Article: Government’s Obligation To Be Impartial0

    • August 8, 2014

    The Constitution was adopted amid a belief that government is a public trust.* Does the Constitution require federal and state governments to adhere to formal duties of public trust—that is, to fiduciary duties? In some places, at least, it clearly does: The Equal Protection Clause of the Fourteenth Amendment imposes on the states what is

    READ MORE
  • How Much Authority Does Congress Have Under the Treaty Power? The Question the Supreme Court Dodged in Bond v. U.S.0

    • July 20, 2014

    In its recent decision in Bond v. United States, the Supreme Court avoided deciding whether Congress, in executing a treaty, could exceed the enumerated powers to which the Constitution otherwise restricts it. For example, if a treaty requires a signatories to make it a crime to use a particular chemical, may Congress pass a law

    READ MORE