Constitution
Constitutional education, history, commentary, reform, compliance, and interpretation.
2014/04/27
Schuette decision
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Discussants of these issues have been making a muddle, confusing themselves and others. Let us try to sort things out. 1. The ...
2014/04/22
Justice Stevens’ Proposed Six Amendments
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Former supreme court justice John Paul Stevens has just published a book, Six Amendments , in which he proposes some very poorly worded refo...
2014/02/04
Article V convention proposals misguided
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We have recently seen a flurry of movements to convene an Article V convention to propose amendments to the U.S. Constitution (links at the ...
1 comment:
2014/01/22
Preamble meaning and purpose
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We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the ...
2014/01/21
"Dead hand" problem for originalists?
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In a recent post to his blog, " A simple (and serious) puzzle for originalists ", Eric Posner states "All originalists ackno...
2013/12/15
Bill of Rights Day 2013
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How the Bill of Rights came to be The original Constitution proposed by the Philadelphia Convention on September 17, 1787, did not contain...
2013/11/12
"Proper", "Plenary", and Preamble
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It was not until NFIB v. Sibelius, 132 S.Ct. 2566 (2012), that the Supreme Court began to address the meaning of "proper" in the ...
2013/10/09
Government shutdown and debt ceiling FAQ
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There have been a number of Frequently Asked Questions pages posted on the Net concerning the government "shutdown" and debt ceili...
2013/09/22
Appropriation must cover debt
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Reports on the controversy over continuing resolutions and raising the debt ceiling usually neglect to examine the underlying constitutional...
2013/09/16
Biggest Constitution Day Ever!
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For many years I celebrated Constitution Day alone, usually holding signs in public places. Here is a report on one such day. But with my w...
2013/08/25
Mark Leibovich's This Town
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This Town: Two Parties and a Funeral-Plus, Plenty of Valet Parking!-in America's Gilded Capital , by Mark Leibovich I spent two years ...
2013/08/12
Mark Levin's Liberty Amendments
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Commentator Mark Levin has come out with a new book, The Liberty Amendments , in which he proposes ten constitutional amendments, and argues...
1 comment:
2013/08/01
Metagaming for Constitutional Design
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In game theory a metagame is a game about another game, generally with the objective of finding the best rules or design for that other ...
2013/07/24
Who coined the name "United States of America"?
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In another forum a participant took the position that the authoritative version of the Declaration of Independence was not the one signed by...
2013/07/23
Are private "grand juries" legal?
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In another forum the question was raised by a lawyer: Where is the case law providing that a grand jury can be formed and do anythin...
A comma would have helped
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In another forum a participant asked the question: But isn't the central question ... whether even "law-trained persons" in ...
2013/07/16
Ratchet of rot
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With few exceptions, bad Supreme Court precedents seem to move government in only one direction — toward greater power over people — despite...
2013/07/14
Tsarnaev not guilty of federal charges
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The Boston bombing suspect Dzhokhar Tsarnaev has been charged with multiple federal offenses, but none of them are authorized by the U.S. Co...
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