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CONSTITUTIONAL STUDIES
Rob Natelson, the Independence Institute's Senior Fellow in Constitutional Jurisprudence, is one of America's best-known constitutional scholars. He was a law professor for 25 years, serving at three different universities. He is particularly recognized for his investigations into the Constitution's original meaning. Several of his findings have been cited or adopted by justices of the U.S. Supreme Court. Rob is also the author of a popular book, The Original Constitution: What It Actually Said and Meant.
 
 
                                       Atop St. Paul's Cathedral, London
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April 18th, 2014
Earlier this year, the Harvard Journal of Law and Public Policy published my article showing that the Constitution’s Recess Appointments Clause limits presidential vacancy appointments far more than President Obama (and most prior Presidents) have claimed. I posted earlier on the same subject here. The issue is before the Supreme Court right now. The Recess Appointments [...]
April 6th, 2014
A spate of new applications from state legislatures for a “convention for proposing amendments” make it more likely that we will have an amendments convention in the near future. In order to get ready for this historic event, lawyers, legislators, and others involved in the process need a reliable guide to the law governing amendment [...]
March 28th, 2014
Article V of the Constitution authorizes a “Convention for proposing Amendments.” However, it does did not specify how the convention is to be composed. People unfamiliar with constitutional history sometimes claim the makeup of an amendments convention is either a complete mystery or subject to the determination of Congress. Nonsense. For one thing, the Supreme Court [...]
March 20th, 2014
Take out a dollar bill and look on the back. There you will see the two sides of the Great Seal of the United States. Look at the left hand side—the circle with the pyramid. Above the pyramid is a representation of the Eye of Providence—of God. Above the eye is the phrase, Annuit coeptis. Below [...]
March 17th, 2014
The U. S. Court of Appeals for the Tenth Circuit recently refused to dismiss the suit by various public sector interests to invalidate Colorado’s Taxpayer Bill of Rights (TABOR). The plaintiffs claim that TABOR violates Article IV, Section 4 of the U.S. Constitution. That provision is called the Guarantee Clause because it guarantees that the [...]
March 9th, 2014
(This article originally appeared in the American Thinker.) Opponents of a Convention of States long argued that there was an unacceptable risk a convention might do too much.  It now appears they were mistaken. So they increasingly argue that amendments cannot do enough. The “too much” contention was first promulgated in modern times by apologists for [...]
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April 23rd, 2014
Before I begin, let me agree with you: Yes, this blog is definitely spending an inordinate amount of attention on the state of Kansas recently. But trust me, it’s for a good reason this time. Two weeks ago I told you that the Sunflower State was on the verge of creating the newest private school [...]