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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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  • Rob and “The Original Constitution”0

    • August 12, 2016

    Rob discusses why he wrote his popular book, The Original Constitution: What It Actually Said and Meant, in this Independence Institute Freedom Minute.

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  • Cruz Withdrawal Postpones “Natural Born” Issue0

    • May 15, 2016

    This article first appeared in the Forth Worth Star Telegram. A silver lining to the withdrawal of Sen. Ted Cruz, R-Texas, from the presidential race is that we will be spared a battle over whether he met the Constitution’s requirement the president be a “natural born citizen.” The evidence is not all one way, but

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  • Is the “Compact for America” Procedure to Amend the Constitution Constitutional?—An Update0

    • May 10, 2016

    Because of widespread interest in the Article V Information Center’s report on the legality of the “Compact for America” approach to amending the Constitution, we are reprinting it here. Distilled to its essence, the “Compact” approach is unconstitutional because it seeks to change, through state legislative action (statutes and interstate compacts), the amendment procedure specified in

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  • Ranking the Presidents Using CONSTITUTIONAL Factors Rather than Liberal Politics

    Ranking the Presidents Using CONSTITUTIONAL Factors Rather than Liberal Politics0

    • May 4, 2016

    This article was first published by CNSNews. In an earlier post, I pointed out that the usual academic rankings of presidents are flawed. They are flawed because they rely on criteria not in the Constitution’s job description for the president. As a result, academic rankings consistently overrate liberal activist presidents and underrate those who conscientiously

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  • Measuring Good and Bad Presidents: Why Academic Historians Are Wrong0

    • May 4, 2016

    This article was first posted at CNS News. I recently watched an academic panel on C-SPAN devoted to “The Worst Presidents In American History.” It was sponsored by the Organization of American Historians. As is true of so many academic panels today, it was “diverse” in the sense that the participants were of different races

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