The Constitutionality of A Presidential State of Emergency By KrisAnne Hall, JD
My inbox is being inundated with the question de jure: “If President Trump declares a ‘State of Emergency’ to build the wall on the border of Mexico, is that Constitutional?” ...
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Disenfranchising The Voters- Destroying the Electoral College By KrisAnne Hall, JD
The State of Oregon House passed legislation (HB 2927) that would make Oregon award its Electoral College votes only to presidential candidates who win the national popular vote. According to ...
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Key To Understanding the Constitution By KrisAnne Hall, JD
When a woman asked Benjamin Franklin, a founder of our Constitutional Republic, what kind of government the States created, he answered, “A Republic, if you can keep it.” The key ...
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Government Thrives by Keeping People Blind to Its True Costs
by Gary M. Galles Ever wonder why people put blinders on horses? As prey animals, horses have eyes on the sides of their heads to increase their ability to detect ...
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Trashing the 12th Amendment with the National Popular Vote
By Publius Huldah The compact for a National Popular Vote (NPV) is a destructive scheme. Yet it’s been approved by several States; and is pending in others. Since the text ...
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Michael Dorf, Precedent, and the Original Meaning
by Mike Rappaport Recently, Michael Dorf wrote an interesting post about originalism and precedent. Dorf’s post raises some significant points about this crucial area for originalists. Here I would like ...
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Madison’s Attack On Government Suppression Of Dissent Is Still Relevant Today
Jim Huntzinger What is government? Perhaps the great Austrian economist Ludwig von Mises stated it best when he, in quite a Lockean affirmation, wrote, “Government is essentially the negation ...
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In defense of the court decision striking down Obamacare
By: Rob Natelson The outrage against the latest court decision striking down the Affordable Care Act (ACA or Obamacare) is misplaced. Much of it comes from people – particularly liberal law professors – who thought the ...
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Chevron Cannot Be Justified as an Agency Determination of Policy
by Mike Rappaport In my last post on Administrative Law, I noted that many defenders of Chevron deference ignore an essential aspect of such deference: that granting deference to agencies ...
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