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Tag: original understanding

Alexander Hamilton, Richard Hooker, and the Necessary and Proper Clause

Alexander Hamilton may have borrowed part of his Necessary and Proper Clause analysis from a famous English theologian.

The Myth that States Can’t Defend Against Illegal Immigration

Texas authorities are not trying to void a federal law. They are trying to enforce federal law. And they have a perfect right to do so.

The Constitution and Elections, Part IV: Adopting an Election-Protection Amendment

History shows that the relentless trend toward federalizing our elections will continue unless we amend the Constitution to stop it.

The Constitution and Elections, Part II: Ideal Voters and Changes by Amendment

This post discusses five constitutional amendments affecting elections.

The Constitution and Elections, Part I: The Founders’ Design

Less than two years ago, we Americans came perilously close to losing our election system. Once the balance of power shifts back again you can bet the election-rigging proposals will re-surface. And this time, they’ll pass.

President Biden’s Transfer of other People’s Debts to You

“Abolition of debts . . . or . . . any other improper or wicked project . . . .” — James Madison, Federalist No. 10

Understanding the Constitution: The Truth about the Much-Abused Commerce Clause

If we are not to lose our freedom entirely, we shall have to find a way to restore the Commerce Clause to something like its original scope.

The Meaning of “Regulate Commerce” to the Constitution’s Ratifiers: An Update

 This latest survey—like all the previous ones—confirms that when the Constitution uses the word “Commerce,” it does so to mean only mercantile trade and its incidents.

Responding to Professor Bowman’s “Immigration Is Not An Invasion”

The effect of this constitutional provision . . . is only to allow a state to defend itself fully—and without congressional consent—when invaded or about to be invaded.

Our Article on the Power of States to Combat Illegal Immigration Has Been Published!

This new paper summarizes state war powers and how states may mobilize them against unauthorized immigration.

Democracies, Republics, and TABOR

Contrary to popular mythology, none of the Founders drew a sharp distinction between a democracy and a republic.

If Trump Is Disqualified, Leftist ‘Anti-War’ Protesters Are Also

According to the disqualification standard being applied to President Trump, very likely some politicians in office today were guilty of giving “aid and comfort to the enemies.”

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