Victory for II Legal Action

Validation for Attorney General Cynthia Coffman and relief for ratepayers. We applaud the SCOTUS decision.
The Impending Convention for Proposing Amendments — Part V
Note: This series of six articles originally appeared in the Washington Post’s “Volokh Conspiracy,” a leading constitutional law website. Parts I II, III, and IV appear below this post, and Part VI will be posted in the near future. How the Convention for Proposing Amendments Became the Subject of Popular Mythology Throughout the century and […]
The Constitution’s Article V, Not the 10th Amendment, Gives State Legislatures Their Power in the Amendment Process
Note: An earlier version of this article appeared in The American Thinker. Some advocates of a convention for proposing amendments are endangering the Article V movement by claiming the states can use the Tenth Amendment to control the convention process. They are doing so even though the judiciary, including the U.S. Supreme Court, has held […]
October 29 Colorado Energy Cheat Sheet: Hickenlooper vs. Coffman over EPA lawsuit; EPA spill report short on info says New Mexico; Frack or Treat
Attorney General Cynthia Coffman’s decision to challenge the Environmental Protection Agency’s authority to implement the Clean Power Plan has initiated a constitutional battle in the eyes of Governor John Hickenlooper: Gov. John Hickenlooper said Monday he will seek the state Supreme Court’s opinion on the legality of Attorney General Cynthia Coffman’s lawsuit to stop implementation […]
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 […]
Rob Natelson on TV: Explaining the Constitutional Issues in "Birthright Citizenship"
How the Constitutional Case Against Citizenship for Children of Illegal Entrants SHOULD Be Argued
This is a corrected version of an article originally appearing at the American Thinker website. It is the third of a three-part series. In two prior postings (here and here), I listed flaws in the constitutional arguments of opponents of birthright citizenship for children of aliens living here illegally. For children to be American citizens […]
Birthright Citizenship Opponents Should Not Rely on 14th Amendment Congressional Debates
An earlier version of this article first appeared in The American Thinker. Opponents of birthright citizenship often cite fragments of the congressional debate over the Fourteen Amendment’s Citizenship Clause to argue that the amendment’s drafters intended to exclude the children of visiting foreigners. However, reliance on these fragments is a mistake. Opponents of birthright citizenship […]
An Objective Guide to Birthright Citizenship
An earlier version of this article appeared in The American Thinker. This is a guide to the constitutional issue of whether a child is a citizen if born in the United States to alien parents here illegally. If you are simply looking for arguments to bolster your political views, look elsewhere. If you are genuinely […]
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 […]
Although Chief Justice Roberts’ Dissent in the Arizona Legislature Case Cited My Research, I Actually Agree With the Majority!
In my last post, I discussed the effect on Colorado’s Taxpayer’s Bill of Rights (TABOR) of the Supreme Court’s ruling in Arizona State Legislature v. Arizona Independent Redistricting Comm’n. In this post, I explain why the Arizona case was decided correctly. Some people may be surprised that I think the holding was correct. I’m politically […]
Supreme Court’s Order Great for TABOR
For a video in which Rob and Justin Longo talk about the Arizona Legislature case and why it is good for TABOR, click here. A slightly abbreviated form of this article first appeared in the Denver Post. The U.S. Supreme Court’s recent order in the case against Colorado’s Taxpayer Bill of Rights (TABOR) is a […]