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CONSTITUTIONAL STUDIES
The Constitution Studies Center combines careful, objective scholarship into the original understanding of the Constitution with advocacy for human freedom under law. It produces books, issue papers, articles, and legal briefs reporting the results of its research. Since 2010, the Center has had enormous influence on constitutional law cases and commentary, but also on policy makers and grass roots activists. For example, the Center's research findings galvanized the massive and growing "Article V" movement to restore constitutional limits on the federal government. 
 
 
                                       Atop St. Paul's Cathedral, London
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October 24th, 2014
Three years ago, a group of primarily government plaintiffs sued in federal district court to void Colorado’s Taxpayers Bill of Rights (TABOR). TABOR allows the people, not just the legislature, to vote on most tax increases, most debt increases, and some spending hikes. The plaintiffs argued that the 20-year old state constitutional provision violated the U.S. [...]
October 20th, 2014
Note: This article was first published at cns news. There is a common media myth that the current U.S. Supreme Court, or at least a majority of the current justices, is “conservative.” But if a “conservative” justice is one who consistently interprets the Constitution in accordance with traditional [...]
October 13th, 2014
This article was first posted at cnsnews.com. The Supreme Court’s decision to reject all requests for review of lower-court homosexual marriage cases was cowardly and irresponsible. Certainly it is absurd to call this non-decision, as liberal commentator Cass Sunstein did, a manifestation of “the passive virtues.” There are two possible reasons for the Court’s avoidance. The less [...]
October 10th, 2014
Respect for the rule of law is fundamental to a free society. It also is necessary for economic well being. Montana is among the nation’s poorest states. I was a law professor there for over 23 years and I also serve as Senior Fellow in Constitutional Jurisprudence at the Montana Policy Institute. In a 2012 study [...]
September 26th, 2014
An important citizen protection against government is the rule that in criminal prosecutions, criminal statutes are interpreted strictly. In other words, if the government wants to punish someone for violating a statute, it has to show that the wording of the statute unambiguously rendered the defendant’s conduct illegal. Citizens are not held criminally responsible for [...]
September 19th, 2014
The Constitution says that the president “shall be Commander in Chief of the Army . . . of the United States.” Does that give him authority to utilize our armed forces for a purely non-military purpose like addressing the Ebola outbreak in Africa? The Denver Post thinks so, editorializing that Obama’s decision is “fully justified.” But the [...]
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October 24th, 2014
Tests in schools, tests in schools. Why do I have a strange sort of feeling this issue isn’t riding off quietly into the sunset any time soon? First, we’ve got the entire hot mess known as Common Core (or maybe we should just follow Governor Hickenlooper’s advice and rename it “Colorado Core”?) and the new [...]