Why McCulloch v. Maryland—now 200 years old—is not a ‘big government’ manifesto
In the 20th century, the Supreme Court cited McCulloch to uphold unprecedented federal spending and regulatory programs. Law school constitutional law courses sometimes treat McCulloch the same way. . . . [But] this approach is the product of historical ignorance.
Elizabeth Warren’s wealth tax is unconstitutional—and why you shouldn’t believe law professors’ claims to the contrary
The fact that many of America’s law schools are one-sided political hothouses further encourages leftist passion at the expense of curiosity and care.
Did Founder James Wilson oppose the Electoral College and favor ‘National Popular Vote?’
Although Wilson toyed with the idea of direct election, when all was said and done he preferred the presidential system featured in our Constitution.
Should we interpret the Constitution so the feds can oversee everything affecting more than one state?
As the framers did with so many other decisions, in allocating authority between states and federal government they balanced competing values.
More evidence that the Obamacare insurance mandate was unconstitutional
A leading Founder pointed out that authority to regulate commerce did not include power to compel it.
Video: Rob Natelson rebuts falsehoods spread about our Constitution
Rebutting discredited charges against the Constitution and the Founders
What the Constitution says about impeachment
When weighing whether to impeach a sitting president, we consider how other presidents have acted. It is regrettable but true that many Presidents have routinely played fast and loose with the truth, acted incompetently, and used their office to attack political opponents.
One reason public discourse is so vile: We’ve forgotten the 1st Amendment’s meaning
Judges have no special expertise in identifying or balancing social benefits and social losses. . . Their rules turned out to be flawed. One of their flaws is that they pushed down the standards for public discourse.
Why recent attacks on the Constitution are wrong
In fact . . . the claim that slaveholders adopted the Constitution is substantially false.
How to reform our dysfunctional federal government
For many members of Congress . . . almost their only job experience has been politics. They can hardly understand how the rest of us live.
How our Constitution was supposed to work: new evidence comes to light
. . . [A]ctivities over which the Constitution granted the federal government little or no jurisdiction [included] social services . . . education, religion, real estate, local businesses, most roads and other infrastructure, nearly all criminal law matters, and most civil court cases.
Independence Institute helps win court ruling protecting presidential electors
The framers modeled the Electoral College on indirect election systems then prevailing in Scotland and Maryland, in which elector discretion was pivotal.
