Constitution
Constitutional education, history, commentary, reform, compliance, and interpretation.
2012/09/12
Debt is a bet
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For as long as men have sought profit from investment there have been speculative bubbles. Every one of those investments are bets that the ...
1 comment:
2012/09/02
Chaos and Constitutions
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One of the most important insights from chaos theory is that complex systems of interacting actors can exhibit patterns of behavior that see...
2012/08/27
McCulloch Redux
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Much has been written about the decision in McCulloch v. Maryland , as though it was a given, not subject to question, but there is a proble...
2012/08/17
Most voter ID statutes unconstitutional
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Most proposed or enacted voter ID statutes include a requirement to prove eligibility to vote by presenting proof of identity, and require t...
2012/08/15
Construing "strict construction"
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It is a common mistake of modern readers to presume that a term used in many instances in a document such as the Constitution has the ...
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...
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