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  • Some of the Colorado Supreme Court’s Mistakes in the Douglas County School Choice Case0

    As people who follow education reform already know, the Colorado Supreme Court recently struck down the Douglas County school board’s school choice program. It did so based on Article IX, Section 7 of the state constitution. This is sometimes called Colorado’s “Blaine Amendment,” although that phrase is technically a misnomer. Actually, the Blaine Amendment was

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  • Evidence on the Powers the Constitution Leaves Exclusively to the States0

    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

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  • Conservatives need to support trial by jury, too0

    Although I’ve often criticized the constitutional tone-deafness of “progressives,” conservatives can sometimes exhibit such tendencies as well. Over at The Seventh Amendment Advocate, Andy Cochran points out why trial by jury in civil cases—as guaranteed by the Seventh Amendment—is important, and how some conservatives disregard it. The problem arises because when constituency politics often trumps

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