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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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July 4th, 2015
A slightly abbreviated form of this article first appeared in the Denver Post. The U.S. Supreme Court’s recent order in the case against Colorado’s Taxpayer Bill of Rights (TABOR) is a devastating blow to those seeking to overturn that part of the state constitution. The Supreme Court’s order amounts to a polite directive to the lower [...]
June 29th, 2015
This article first appeared in The American Thinker. A complete commentary on the same sex marriage case would take far more than a single short article. Accordingly, I offer only some discrete thoughts: * A big expansion of federal power. Many libertarians believe the courts should use the Fourteenth Amendment to protect rights unenumerated in the Constitution, [...]
June 24th, 2015
This article was first published at CNSNews. The Fifth Amendment provides that “private property” shall not “be taken for public use, without just compensation.” When I wrote my book, The Original Constitution, I had to address the question of whether the Fifth Amendment phrase “private property” referred only to real estate or whether it included movable [...]
June 24th, 2015
This article was first published on the American Thinker website. Some on the left now argue that only individuals—not businesses or business associations such as corporations—should enjoy First Amendment rights. To be sure, their argument contradicts decisions made, not just by the current centrist Supreme Court, but also by “progressive” Supreme Court majorities throughout the 20th [...]
June 17th, 2015
The drives for one or more convention of states to reform the dysfunctional federal government are proceeding apace, and Georgia lawyer David Guldenschuh is providing a newsletter with regular updates. His summaries contain information on the progress of every major application campaign—balanced budget, “convention of states,” campaign finance, and more. The latest version is here. A footnote [...]
June 12th, 2015
This article first appeared at CNSNews. The exhibition on Magna Carta at the British Library in London is certainly worth seeing. The document was sealed on June 15, 1215, which means that (allowing for intervening changes in the calendar) its 800th anniversary arrives on June 25th of this year. The exhibition includes an array of artifacts, documents, [...]
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July 4th, 2015
A slightly abbreviated form of this article first appeared in the Denver Post. The U.S. Supreme Court’s recent order in the case against Colorado’s Taxpayer Bill of Rights (TABOR) is a devastating blow to those seeking to overturn that part of the state constitution. The Supreme Court’s order amounts to a polite directive to the lower [...]