News on the Constitution’s ratification: More evidence the feds are exceeding their powers
The Constitution created a strictly limited central government, which . . . would have no authority over religion, most criminal offenses, civil justice, social services, education, or most aspects of transportation or the economy.
Fourth in a Series: John Dickinson’s Contributions to the Constitution
The list of constitutional provisions impacted by Dickinson is a very long one.
What is an Amendments Convention “Application?” What is a “Call?”
Article V of the Constitution states that “The Congress . . . on Applications of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments.”
The Impending “Convention for Proposing Amendments” — Part II
Note: This series of six articles originally appeared in the Washington Post’s “Volokh Conspiracy,” a leading constitutional law website. Part I appears below, and Parts III-VI will be posted in the coming weeks. How Article V was Drafted and Ratified The commissioners who met in Philadelphia to propose a plan to render the American political […]
The Impending "Convention for Proposing Amendments" — Part II
Note: This series of six articles originally appeared in the Washington Post’s “Volokh Conspiracy,” a leading constitutional law website. Part I appears below, and Parts III-VI will be posted in the coming weeks. How Article V was Drafted and Ratified The commissioners who met in Philadelphia to propose a plan to render the American […]
The Silver Lining in the Mistakes at the Assembly of State Legislatures
Note: This article was first published in the American Thinker. The Assembly of State Legislatures (ASL) has adjourned from its latest meeting, still without having produced a set of rules for an Article V amendments convention. I have been an enthusiastic supporter of ASL. I have to acknowledge, however, that missteps have impeded its progress. […]
The Materials You Need for Researching the Original Constitution
Note: This article originally appeared at The American Thinker. When lawyers and judges interpret legal documents, they usually try to ascertain the understanding of the parties to the document—or, more precisely, something they call the “intent” behind the document. The Founding Era phrase was “intent of the makers.” The “intent of the makers” is what […]
The Constitution's Financial Terms
Note: This was originally a four-part series published at the leading constitutional law website, “The Volokh Conspiracy,” which is affiliated with the Washington Post. This succession of four parts discusses such questions as why the Supreme Court was wrong to characterize the Obamacare insurance penalty as a “tax,” why the apportionment requirement was adopted and […]
What does “Due Process of Law” mean? Hint: SCOTUS had it wrong: It’s irrelevant to same-sex marriage
Note: An earlier version of this article appeared in The American Thinker. The Fifth and Fourteenth amendments to the Constitution each has a Due Process Clause. The Fifth Amendment Due Process Clause prohibited the federal government from depriving any person of “life, liberty, or property without due process of law.” The Fourteenth Amendment extended that […]
Term Limits for the Supreme Court?
This article first appeared in the American Thinker. Term limits are among the reforms being proposed by advocates of curbing federal government abuses through the Constitution’s Article V amendment process. The idea of congressional term limits has been around for some time. But more recent discussion centers on term limits for the judiciary, especially for […]
Wisdom From A Framer on Federalism, Guns, and the Amendment Process
This article was first published on CNS News. A newly published speech by one of our Framers offers important clues to the constitutional role of the states, of the right to keep and bear arms, and of the amendment process. Charles Carroll of Carrollton represented Maryland at the Constitutional Convention. After the convention was over, […]
Evidence on the Powers the Constitution Leaves Exclusively to the States
This column also appears at CNSNews. The Constitution enumerates the powers of the federal government. But has anyone listed the exclusive powers of states—the realm the federal government may not invade without violating the Constitution? When discussing state authority, the Founders usually pointed out only that the federal government’s powers were, as Madison said, “few […]
