How the Founders told us the Constitution would restrict federal power
This new article presents even more evidence on how the federal government was supposed to be limited.
New SCOTUS case does more than pave the way to reverse Roe v. Wade
Justice Clarence Thomas’s concurrence probably received the most media attention. It is an essay on when the Supreme Court should follow precedent or overrule it. It helps lay the basis for reversing Roe v. Wade . . . .
How our presidential election system works
Some writers claim the framers adopted an indirect election procedure because they didn’t trust democracy. This is an oversimplification. The framers balanced many factors.
Judicial oligarchy is the wrong way to decide abortion policy
On abortion policy America has ceased to be a democracy and has become a judicial oligarchy.
The Supreme Court re-affirms Indian treaty originalism
Why do many judges and commentators abandon standard interpretative methods when addressing some parts of the Constitution? The answer is clear.
The Supreme Court just applied originalism to an Indian treaty, so why not to the Constitution?
This case illustrates how judges apply originalism for almost all legal documents — except the Constitution.
New evidence on the meaning of the Necessary and Proper Clause
“. . . .the powers of this Congress are confined to what is expressly delegated to them”
New evidence on the constitutionality of paper money
I examined how the Constitution was represented to, and understood by, the ratifying public. And that resolved any doubt.
The founder who told Americans we have a right to military weapons
“THE POWERS OF THE SWORD ARE IN THE HANDS OF THE YEOMANRY OF AMERICA FROM SIXTEEN TO SIXTY … Who are the militia? are they not ourselves[?].”
New evidence on the “Power To . . . regulate . . . Commerce”
The three recently-issued Pennsylvania volumes . . . offer virtually no support to the commerce-is-everything school of thought. On the contrary, in the documents reproduced in this volumes “commerce” clearly refers to a concept separate from other economic and non-economic activities.
New evidence on the nature of amendments conventions
Some opponents . . . try to communicate that Madison opposed all amendments conventions. This is certainly not true,
Time to end the “emoluments” lawsuits against Trump
Arms-length market transactions simply are not “emoluments” as the Constitution uses the word.
