The Recurring Natural Law

May 29, 2018 Natural Law 2

The American constitutional order is disintegrating. Members of Congress reject their duty to enact rational, coherent budgets or even to read, understand, and approve the legislation on which they vote. ...

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Anti-Commandeering: An overview of five major Supreme Court cases

May 29, 2018 Constitution / Government 2

The Supreme Court has long held that states do not have to actively participate in the enforcement or effectuation of federal acts or regulatory programs. James Madison’s advice for resisting ...

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An Entertaining Way To Easily Learn About The US Constitution

May 29, 2018 Constitution 0

A captivating statesman from America’s past takes a modern-day family on a series of wild adventures. With a spicy mix of humor, magic and logic, he opens their eyes to ...

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The NSA Continues to Abuse Americans with a 300% Increase in Data Intercepted and Stored

May 17, 2018 Constitution / Government 2

One of the few positive things in the ill-named USA FREEDOM Act, enacted in 2015 after the Snowden revelations on NSA domestic spying, is that it required the Director of ...

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Supreme Court’s Sports Gambling Opinion is a Rare and Major Win for the Tenth Amendment

May 17, 2018 Constitution / Government 0

Earlier today, the Supreme Court issued its decision in Murphy v. NCAA. The Court’s opinion was rare in that it not only struck down a federal law that infringed on ...

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A Pox on Both Your Houses, Part II: Anti-Originalist Historians

May 17, 2018 Constitution / History 0

In my last post, I described how the anti-historical bent of some originalists was undermining their credibility, qua originalists. In this post, I hope to show how the anti-originalist historians, ...

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The Proof is in the Pudding: State and Local Action Drives Change in D.C.

May 15, 2018 Constitution / Government 3

I frequently say “Washington D.C. will never fix America’s problems. Washington D.C. is America’s problem!” People often take that to mean I don’t think we can fix America’s problems. That’s ...

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New Info on the Constitution’s Ratification. Part I: South Carolina

May 15, 2018 Constitution / History 0

Judges and lawyers sometimes refer to the “intent of the framers” or the “original meaning” when describing how we should read the U.S. Constitution. However, if you want to apply ...

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Today in History: The Philadelphia Convention Convenes

May 15, 2018 Constitution / History 1

On May 14, 1787, delegates from the several states convened in Philadelphia, forming a convention with the initial aim of proposing amendments to the Articles of Confederation. Over the course ...

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War and the Separation of Powers

May 1, 2018 Uncategorized 1

A popular way to begin the first day of class in constitutional law in many American law schools is to ask the students what sets the U.S. Constitution apart from ...

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