Colorado, Here's One Way You Can Learn from Montana—Reject the Obamacare Medicaid Extension
Colorado’s legislature and governor have opted to endanger our state’s financial future—and the quality of health care—by yoking Colorado to Obamacare’s risky and expensive “Medicaid expansion.” This is one area in which Colorado could take a lesson from our sister state to the north, Montana. Montana has a long history of what used to be […]
Protect Democracy: Avoid Election-Day Registration
Carting uninformed, transient voters to the polls to vote for the political boss-man is a time-dishonored practice of demagogues everywhere. It has been proposed for Colorado, but it has no place here. Some historical perspective: America has a long tradition of democratic governance. By the time our American Constitution was adopted, nearly all states had […]
The Constitutional Issues In Same-Sex Marriage
I’ve found that most of the discussion about same-sex marriage, even among lawyers, tends to mis-characterize the constitutional issues. This is particularly true of the “equal protection” issues. Under the Constitution as originally understood, jurisdiction over domestic relations outside federal enclaves and federal territories was reserved to the states. State laws dealing with domestic relations […]
Some Humor on the Corruption of the the Modern University
A high school senior who has just gone through the college admissions process humorously reflects on her experience in this Wall Street Journal op-ed. Her column is a good P.S. to my recent posting on what’s wrong at modern universities. Beneath the humor, the analysis by Suzy Lee Weiss of the skewed criteria many admissions […]
Get Rob's authoritative book on the Constitution's REAL meaning
The Original Constitution: What It Actually Said and Meant (2nd ed.) is an objective explanation of the Constitution as understood immediately after adoption of the Bill of Rights. The Original Constitution is written for the layperson. It draws on legal and historical sources alike, including many long-overlooked by other writers. Get it here or here.
Think your state courts are bad? Check this out.
Conservatives in Colorado and other states often complain about the liberalism of their states’ courts. They should be glad they don’t live in Montana. Montana’s public image is one of rugged individualism, and in a few spheres of life (such as guns), image reflects reality. But in fiscal and regulatory affairs, Montana has a long […]
Independence Institute Moves to Protect TABOR in U.S. Court of Appeals
The Independence Institute is once again defending the Colorado Taxpayers Bill of Rights against attack. II has filed an amicus curiae (“friend of the court”) brief with the U.S. Court of Appeals, shooting holes in the plaintiffs’ claim that allowing the people to check the state legislature’s financial powers is somehow “unrepublican.” The national think […]
New Issue Paper on the Interstate Threat of the anti-TABOR Lawsuit
As regular readers of this site know, a group of plaintiffs representing government interests has sued the State of Colorado, claiming that the Taxpayer Bill of Rights (TABOR) in the state constitution violates the U.S. Constitution. Even though the claim is an exceptionally weak one, last year a federal district court allowed it to proceed. […]
Why the Framers Could Suggest Ratification by Only Nine States
In prior postings such as the one here, I have explained why it is wrong to claim that the commissioners (delegates) to the 1787 Constitutional Convention exceeded their power in recommending that the Articles of Confederation be replaced by a new instrument. Another aspect of the same charge is that the Framers exceed their power […]
How the Courts have Clarified the Constitution's Amendment Process
One source of security we have in using the Constitution’s amendment process is that the courts, including the U.S. Supreme Court, have a long history of protecting the integrity of the procedure. Many of those who pontificate on the subject are largely unaware of this jurisprudence. Some have never investigated it. Some think the courts […]
It's Been Done Before: A Convention of the States to Propose Constitutional Amendments
In 1861, the states held a dry run for an Article V “convention for proposing amendments.” The event was the Washington Conference Convention or Washington Peace Conference. It was called by the Virginia legislature in January of 1861 in an effort to avert the Civil War. The idea was that the convention would draft and […]
Count of Legislative Applications for a Balanced Budget Amendment
by Rob Natelson The following states have applications outstanding for a federal convention to propose a balanced budget amendment: Alabama, Alaska, Arkansas, Colorado, Delaware, Florida, Indiana, Iowa, Kansas, Maryland, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, Pennsylvania, and Texas. That’s 19 of the 34 states required. In addition, Illinois has an 1861 […]
