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  • Constitutional Convention: John Jay Letter Shows Its Power Came from State Legislatures, not Congress

    Constitutional Convention: John Jay Letter Shows Its Power Came from State Legislatures, not Congress0

    • January 14, 2017

    A persistent constitutional myth has it that (1) Congress called the Constitutional Convention under the Articles of Confederation, (2) the convention drew its power from Congress, and (3) the convention exceeded its power when it recommended a new Constitution rather than merely propose amendments to the Articles. As readers of this website know, however, the

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  • How to Replace Justice Scalia on the Supreme Court

    How to Replace Justice Scalia on the Supreme Court0

    • January 12, 2017

    President-Elect Trump says he wants to nominate a justice like the late Antonin Scalia to the U.S. Supreme Court. That means a justice who follows the judicial philosophy of “originalism.” Originalism is the view that we should interpret the Constitution much as we interpret other legal documents—in accordance with the understanding of the people who

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  • TABOR: All About the Taxpayer’s Bill of Rights

    TABOR: All About the Taxpayer’s Bill of Rights0

    • January 9, 2017

    Rules limiting the legislature’s ability to tax, spend, and/or incur debt appear in the U.S. Constitution and in the constitutions of almost all states. But probably the most famous and most controversial is Colorado’s “Taxpayer’s Bill of Rights,” or TABOR.  TABOR gives the people, voting in referenda, the final say on most state and local

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  • Yes, Mr. President—You Must Enforce Laws You Don’t Like

    Yes, Mr. President—You Must Enforce Laws You Don’t Like0

    • January 3, 2017

    Must the president enforce laws he doesn’t like? The answer to this question lies in the Constitution’s phrase that the president “take Care that the Laws be faithfully executed.”

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  • American Colonies: Mostly Private Enterprise

    American Colonies: Mostly Private Enterprise0

    • December 11, 2016

    Too many of us who are enthusiastic about space exploration and colonization expect the federal government to lead the way. We should learn from the founding of the American colonies. In his notes to the ninth volume of English Historical Documents, the distinguished historian Merrill Jensen explained how much the English settlement of America relied

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  • Electoral College: Answers to Questions

    Electoral College: Answers to Questions0

    • December 11, 2016

    Here are answers to some questions I’ve gotten about the Electoral College since Election Day: Q. What is the Electoral College? A. It’s not an educational institution! The term “college” is a typical 18th century latinate usage, based on the Latin word “collegium,” meaning a club or guild. (This another example of why knowledge of

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