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  • Judge Gorsuch and the Independence Institute

    Judge Gorsuch and the Independence Institute0

    • January 31, 2017

    The Independence Institute has specific reason to celebrate the nomination of Judge Gorsuch to the Supreme Court. In 2011, a group of anti-TABOR plaintiffs sued in Denver federal court, arguing that TABOR violated the U.S. Constitution because it was inconsistent with the Constitution’s guarantee that every state have a “republican form of government.” (Kerr v.

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  • Reduce Holdings of Federal Lands

    Reduce Holdings of Federal Lands0

    • January 29, 2017

    Interior secretary nominee Ryan Zinke served his country honorably as a Navy SEAL, but in affirming in his federal lands testimony that he would refuse to loosen the government’s chokehold on America’s land, he did the U.S. a disservice. Reasonable people can disagree about how much territory the government should own. As an avid outdoorsman, I’m sympathetic

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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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  • 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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  • Changed Conditions May Justify Term Limits0

    • October 18, 2016

    This is the full version of an op-ed  first appearing in the Detroit Daily News. Advocates for term limits want to amend the Constitution to add them. Their most common argument is that restricting how long an elected official may serve will curb special interest influence and other federal abuse. The Articles of Confederation, the document

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  • First Amendment Protection is for More Than Political Speech0

    • September 9, 2016

    This article was first published in CNS News. The modern U.S. Supreme Court grants more First Amendment protection to political discourse than to other forms of expression, such as commercial advertising. The court holds that political discourse enjoys a “preferred position.” The preferred position doctrine is taught in the nation’s law schools, so many lawyers

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