Electoral College Rules Made Simple (or, rather, less complicated)—2nd in a Series
During the founding era, election rules were said to fix the “manner of election” . . . This term embraced . . . five categories.
Why Did the Framers Create the Electoral College?—1st in a Series
The delegates . . . found the question of how to choose the federal executive one of the most perplexing they faced. People who want to abolish the Electoral College usually are unfamiliar with how perplexing the issue was—and still is.
The most ‘underrated’ founder’s influence on America’s Constitution
This much is clear: John Dickinson receives much more of our national gratitude than we have given him.
Fourth in a Series: John Dickinson’s Contributions to the Constitution
The list of constitutional provisions impacted by Dickinson is a very long one.
Third in a Series: John Dickinson During the Continental and Confederation Periods
Dickinson was one of the few to free his own slaves during his lifetime.
A Response to a “Living Constitutionalist”
. . . law professors often corrupt their understanding of the Constitution with their own political preferences. . .
Supreme Court’s Ruling Against the PC Police
The Supreme Court’s decision this week in Matal v. Tam sent a clear warning to government officials who seek to curtail speech they deem offensive: We won’t let you do it! The warning was particularly pointed for the PC Police at state universities who try to close down viewpoints they find “offensive.” A federal law ordered the […]
The Define and Punish Clause doesn’t authorize vast federal power either
Legal commentators have spread a good deal of ink trying to show that the Constitution authorizes the enormous expansion of the federal government since the 1930s. Leading the way have been some associated—as professors, students, or alumni—with the most privileged educational institutions: Harvard, Yale, Chicago, and so forth. Their publications inflated the Commerce Clause to […]
The Convention of States in American History
In this short essay, constitutional historian Rob Natelson thumbnails the three-centuries long history of “conventions of the states.” When delegations from the states assemble in Phoenix, Arizona later this year, they will be basking in a long and rich American tradition. As far back as 1677, British colonies in North America sent “commissioners” (delegates) to […]
Where Congress’s Power to Regulate Immigration Comes From
Congress’s power to regulate immigration comes from the law of nations—the meaning of which many constitutional commentators are unfamiliar.
The Relationship Between the Declaration of Independence and the Constitution
I’m sometimes asked about the relationship between the Declaration of Independence and the Constitution. Their connection is not difficult to understand. The Declaration is a statement based on natural law. Natural law consists of fundamental principles of justice and right. Monotheists see natural law as deriving from the Creator. Polytheists see it as deriving from […]
A New Look at the Founders Through the Postal Clause
The Constitution’s Postal Clause grants Congress power to “establish Post Offices and Post Roads.” There is a fascinating history behind that provision, which I explore in a new article linked here. Some of the highlights: * Although the Founders generally favored free enterprise over state-owned business, they made an exception for postal services. * As […]
