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

    • October 22, 2015

    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

    • May 18, 2015

    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

    • June 18, 2014

    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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  • Can Treaties Override the Constitution? An Issue Posed By Bond v. United States0

    • November 10, 2013

    One of the most common questions posed to me when I discuss the Constitution on talk radio is “Can a treaty override the Constitution?” The question has arisen particularly in view of the pending Supreme Court case of Bond v. United States. In that case, Congress is claiming a power under the Treaty Clause that

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  • Supreme Court’s Obamacare Decision Renders Federal “Tort-Reform” Bill Unconstitutional0

    • October 18, 2013

    Just to show you that hypocrisy is alive and well in Washington, D.C. (as if you didn’t know), Title V of the Republican bill to “repeal and replace Obamacare” contains some of the same constitutional problems that led 27 states to challenge Obamacare. Under Title V, Congress would partially assume command of  state jury trials

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  • Did the Founders’ Constitution Permit Federal Tort Reform?0

    • November 23, 2012

    NOTE: The photo shows the author at the sundial in James Madison’s garden at Montpelier, VA. On behalf of the national Chamber of Commerce, super-lawyer Paul Clement has authored a new paper arguing that federal tort reform is constitutional. The paper begins with a section purporting to show that the Framers’ Commerce Clause was broad

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