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  Constitution )





No Omnibus in the Lame Duck

The September 28th House “debates” over a last-minute continuing resolution to fund the federal government until December 9 (after the November election) were again misleading. They mislead Americans as to the House’s true  power over the purse — IF it had the will to use it. In The Federalist,...
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by Tom Gow | October 29, 2016 | No Comments

A Troubling Example

Many Americans wonder why our federal government keeps working against our interests and how it can be brought under control. An important step in the solution is to understand what Washington is doing — no easy task, as we shall see. The “Electrify Africa” act is a prime example...
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by Tom Gow | September 24, 2016 | No Comments

If It Ain’t Broke, Don’t Fix It!

Pity the poor proponents of an Article V con-con. How could they ever have happy holidays? For they are self-impaled on the horns of a brutal dilemma. They must argue either: that amending our Constitution will somehow, magically, turn Constitution-despising government officials into Constitution-obedient ones; or else, that the...
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by Andrew Carver | December 18, 2015 | No Comments

The Court’s Strange Argument in Obergefell

Same-sex-marriage supporters had generally expected the Supreme Court to pursue in Obergefell v. Hodges the line of argument usually taken in same-sex marriage cases that had been brought in state courts. That line was based on the Fourteenth Amendment’s “equal protection” clause, which forbids every state to “deny to...
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by Andrew Carver | October 7, 2015 | No Comments

The Power of the Purse

“Sen. Jeff Sessions, R-Ala., said Congress has a duty to decide how money should be spent and can’t see how Obama would be able to say Republicans were shutting down the government when they were offering to fund all of it except for Planned Parenthood.” — Roll Call (9-10-15)...
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by Tom Gow | September 16, 2015 | No Comments

Nullification’s Five Deadly Secrets

An old theoretical “remedy” for overgrown or tyrannical federal government, namely the states’ “nullification” of unconstitutional laws or rulings, has gained some new advocates of late. Of course, any proposed solution to that serious problem — and particularly one purportedly championed by Thomas Jefferson (see “The Founders’ Battle over...
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by Andrew Carver | August 20, 2015 | No Comments

The Founders’ Battle over the Nullification Heresy

Although nullification itself was not discussed much at the time of the Constitution’s drafting and ratification, the consensus at that time was that authoritative decisions about the constitutionality of federal laws would be the province of the federal courts, not the states. This was the view of an overwhelming...
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by Andrew Carver | | No Comments

State Nullification of “Unconstitutional” Federal Laws

‘Nullification,’ the theory that states can invalidate federal laws that they deem unconstitutional, had its heyday in the slavery debate that preceded the Civil War, but it has found new currency since 2010. The theory has never been validated by a federal court, yet some Republican officeholders have suggested...
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by Tom Gow | August 7, 2015 | No Comments

“Living” Is Fatal For Constitutions

 A long exposed constitutional heresy undergirds the June 26, 2015 Supreme Court decision supporting same-sex marriage. he candid citizen must confess that if the policy of the government, upon vital questions affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they...
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by Andrew Carver | July 23, 2015 | No Comments

The Sovereign Dynamic

State legislators need to beware: Nothing written in a state’s application for a constitutional convention has any force or validity once that convention is called to order. That is the nature of a sovereign assembly. That explains why America’s founders put the needs of the people ahead of all...
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