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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 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 [...]
September 12th, 2014
Institute Research Director Dave Kopel has long urged me to do a broadcast production on the Constitution in the Latin language, and now it’s here! Produced by II web monkey Justin Longo, the program features an interview of me by my daughter Sarah on the American Founding and the nature of the Constitution. Sarah, 23, is [...]
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October 22nd, 2014
Oh, it’s the silliest, silliest season of the year. How do I know? My grandpa muttering under his breath when one more irritating political ad interrupts his otherwise enjoyable viewing of Jeopardy! and Wheel of Fortune. And the other night my mom crumpling up the latest campaign attack flier that came in our mailbox and [...]