How Much Trash a Political Rally Leaves for Others to Clean Up Tells You Something, Doesn’t It?
There is an adage—restated many times and by many authors—that you can tell more about a person’s character by how he treats his social “inferiors” than by how he treats those equal to or above him. A middle-manager who abuses the office janitor shows a character defect. The adage holds this abuse reveals more about […]
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 […]
Conservatives Should Abandon the Filibuster
Conservatives traditionally have supported the Senate filibuster because, supposedly, it puts the brakes on expansion of government. I’ve long thought conservatives should reconsider. With Democrats planning to filibuster President Trump’s nominee for the Supreme Court, a good time to reconsider is now. That’s because history shows that, on balance, the filibuster doesn’t put the brakes on […]
Judge Gorsuch and the Independence Institute
The Independence Institute has specific reason to celebrate the nomination of Judge Gorsuch to the Supreme Court. In 2011, a group of anti-TABOR plaintiffs sued in Denver federal court, arguing that TABOR violated the U.S. Constitution because it was inconsistent with the Constitution’s guarantee that every state have a “republican form of government.” (Kerr v. […]
New Video on TABOR—the Colorado Taxpayer’s Bill of Rights
Fred Holden (below) and Rob Natelson, both Senior Fellows at the Independence Institute, talk about the famous Colorado Taxpayer’s Bill of Rights in this interview.
State Lawmakers! Don’t Put Extraneous Matter in Your Article V Application
by Robert G. Natelson State lawmakers sponsoring an Article V convention application often find that other lawmakers want to add extraneous matter to the application. This may include conditions beyond the mere subject-matter, instructions to commissioners, specific amendment language, convention rules, and pronouncements of various kinds. Don’t agree! Adding such material is both unprofessional and […]
Constitutional Convention: John Jay Letter Shows Its Power Came from State Legislatures, not Congress
A persistent constitutional myth has it that (1) Congress called the Constitutional Convention under the Articles of Confederation, (2) the convention drew its power from Congress, and (3) the convention exceeded its power when it recommended a new Constitution rather than merely propose amendments to the Articles. As readers of this website know, however, the […]
Yes, Mr. President—You Must Enforce Laws You Don’t Like
Must the president enforce laws he doesn’t like? The answer to this question lies in the Constitution’s phrase that the president “take Care that the Laws be faithfully executed.”
American Colonies: Mostly Private Enterprise
Too many of us who are enthusiastic about space exploration and colonization expect the federal government to lead the way. We should learn from the founding of the American colonies. In his notes to the ninth volume of English Historical Documents, the distinguished historian Merrill Jensen explained how much the English settlement of America relied […]
Electoral College: Answers to Questions
Here are answers to some questions I’ve gotten about the Electoral College since Election Day: Q. What is the Electoral College? A. It’s not an educational institution! The term “college” is a typical 18th century latinate usage, based on the Latin word “collegium,” meaning a club or guild. (This another example of why knowledge of […]
Ebenezer Hazard: Forgotten Founder
An earlier version of this article first appeared in Townhall.com. When we celebrate leading American founders such as George Washington and James Madison, we sometimes overlook their talented colleagues. One of these was Ebenezer Hazard. As postmaster general under the Articles of Confederation, he helped bind the country together. As a historical editor, he preserved precious […]
Did Congress Approve the Constitution? A Member’s Letter Says “Yes”
Some people argue the Constitution was adopted illegally. They assert that the Confederation Congress needed to approve the document, but never did. But principles of law tell us that they are wrong. So does a rarely-mentioned letter from a member of the Confederation Congress. It is true that most (not all) of the resolutions by […]
