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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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March 3rd, 2015
This article was first published at the American Thinker website. Many commentators and politicians have attacked the Supreme Court’s 2010 case of Citizens United v. Federal Election Commission for holding that citizens do not surrender their First Amendment rights when they organize under state corporation law. The Vermont state legislature has even adopted an application for [...]
February 22nd, 2015
Chief Justice John Marshall (in office 1801-1835) is often identified with an expansive “big government” interpretation of the Constitution. Fans of big government cite him as an ally; opponents as an enemy. This view of Marshall is a caricature. It is true that Marshall was a Federalist—he occupied a place on the political spectrum of his [...]
February 6th, 2015
One of the far-fetched arguments used to persuade conservatives to oppose an amendments convention is that if 34 states apply, a left-wing Congress might try to dictate that commissioners (delegates) be allocated by population rather than by one state/one vote. For reasons explained in earlier posts, such a move would be unconstitutional: A “convention for proposing [...]
February 4th, 2015
Article I, Section 10, Clause 3 (I-10-3) of the Constitution forbids states from imposing any “Duty of Tonnage” without the consent of Congress. During the Founding Era, tonnage was a levy imposed on the cargo capacity of ships entering or leaving harbors. As the Constitution’s words indicate, it was a species in a larger class of [...]
January 26th, 2015
As the likelihood of a Convention for Proposing Amendments increases, people are beginning to adjust to the idea. A recent example is adoption of a new rule by the U.S. House of Representatives providing for the recording and public availability of state legislative applications for a convention. The rule change, sponsored by Rep. Steve Stivers (R.-OH), [...]
January 25th, 2015
Article I, Section 8, Clause 1 of the Constitution reads as follows: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the Common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States. The [...]
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March 3rd, 2015
I love to see choice win. In fact, I’m hoping that we will have a favorable ruling on the Douglas County Choice Scholarship Program from the Colorado Supreme Court any day now. In the meantime, I’ll have to make due with another victory for scholarship tax credits down south. Just this week, the Alabama Supreme [...]