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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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 LATEST NEWS

 

 

 

October 27th, 2014
The past week saw yet another assault on those reformers who seek to cure federal dysfunction by promoting a “Convention for proposing Amendments.” The latest attack took the form of an opinion column that in content offered nothing new. It featured many of the usual errors of commission and omission: The author confused a “Convention for [...]
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 [...]
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October 30th, 2014
Making choices is tough. Would Spiderman or Batman win in a fight? Should I have ice cream for dessert, or should I have ice cream and candy for dessert? What should I do with my finger after picking my nose? Should I ask for a smaller present on both my birthday and Christmas, or should [...]