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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 20th, 2014
In its recent decision in Bond v. United States, the Supreme Court avoided deciding whether Congress, in executing a treaty, could exceed the enumerated powers to which the Constitution otherwise restricts it. For example, if a treaty requires a signatories to make it a crime to use a particular chemical, may Congress pass a law [...]
July 14th, 2014
Note: This item originally appeared at the website of The American Thinker. The Hobby Lobby case is being hai​led by freedom advocates as a great victory.  On balance it certainly it is a victory for those who value personal freedom. But it also contains land mines that may one day prove destructive [...]
July 7th, 2014
Early this year in The American Thinker and in this column I discussed state marijuana legalization and federalism. I cautioned against advocates of freedom and federalism forming alliances with the “progressive” left on those issues in which the left claimed to favor free choice. I pointed out that that for that bunch”free choice” is nearly [...]
July 4th, 2014
After some truly painful reading experiences, I’ve  become skeptical of history books written by celebrities. Lynn Cheney is the wife of former Vice President Dick Cheney and thus our former Second Lady. She certainly counts as a celebrity. I was, therefore, skeptical of her new biography, James Madison: A Life Reconsidered. But she won me over. She [...]
June 29th, 2014
(This article originally appeared in The American Thinker.) I applaud the result of the recess appointments case and I am happy to have been cited again in a Supreme Court opinion (this time by Justice Scalia). But in several respects the case exemplifies what is wrong with constitutional jurisprudence today. In National Labor [...]
June 18th, 2014
Although I’ve often criticized the constitutional tone-deafness of “progressives,” conservatives can sometimes exhibit such tendencies as well. Over at The Seventh Amendment Advocate, Andy Cochran points out why trial by jury in civil cases—as guaranteed by the Seventh Amendment—is important, and how some conservatives disregard it. The problem arises because when constituency politics often trumps principle. [...]
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July 25th, 2014
I hope you haven’t forgotten about helping Colorado Kids Win (including giving the Facebook page a “Like”). After all, it’s been two whole weeks since I’ve reminded you about the benefits of K-12 scholarship tax credits that our state’s kids could really use. And you know that this particular little kid will use almost any [...]