2012/07/25

Rule of Law - 1

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In his excellent book, Design for Liberty: Private Property, Public Administration, and the Rule of law , Richard Epstein begins his discuss...
2012/07/23

Is the Constitution fit for Americans?

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Most of the constitutional debates in which I participate are about whether to comply strictly with the Constitution as originally meant and...
2012/07/15

What motivated Roberts in his health care opinion?

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Many people are trying to find the motivation of CJ John Roberts in his extraordinary opinion in NFIB v. Sibelius , the health care case. ...
2012/07/12

List of constitutional rights

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A question I often get is to indicate a comprehensive, authoritative list of constitutional rights. Most legal scholars in the past have dec...
2 comments:
2012/07/09

Diagram of Necessary and Proper Clause

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One of the most controversial clauses of the Constitution is Art. I Sec. 8 Cl. 18, which reads: [The] Congress shall have Power [...] To ...
2012/07/08

Diagram of Tax/Spend/Welfare Clause

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A useful exercise is to diagram the clauses of the U.S. Constitution using the Reed-Kellogg method many of us learned in public school....
2012/07/07

What is the limiting principle?

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There was a hush in the room during the oral arguments on the Affordable Care Act when Justice Anthony Kennedy asked Solicitor General Donal...
2012/06/28

Health Care Act upheld!

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The entire ACA is upheld, with the exception that the federal government's power to terminate states' Medicaid funds is ...
2 comments:
2012/06/24

Debt and Bankruptcy Reform

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Several proposals have been offered to deal with such problems as dangerous speculation in derivatives, moral hazard, and "too big to f...
2012/05/20

Disprove it!

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The hallmark of Enlightenment scientific reasoning is a commitment to diligently seeking refutations to one's favorite propositions. Co...
2012/05/17

1832 Call for Article V Convention

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Journal of the House of Representatives (December, 1832)     Mr. Wilde presented the following preamble and resolutions, adopted by th...
2012/03/28

Teleconference with Governor Rick Perry

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At noon of March 27, 2012, Texas Governor Rick Perry held a telephone conference with several prominent Texas bloggers, among them Jon Rolan...
2012/03/27

First day of oral arguments on Affordable Care Act - 2012/03/26

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Austin Constitution Meetup, March 26, 2012. Following listening to the first day of oral arguments on the Health Care Act before the ...
2012/03/22

How can text enable governance?

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How can beings with diverse ways of understanding use symbols to communicate and cooperate with one another, and give us laws that we might ...
2012/03/21

The original meaning of "carrying into execution"

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Much of the argument on the ACA should turn on the original meaning of the qualifying phrase in the Necessary and Proper Clause. Here is...