A Different Take on Federalism Part I
Subtitle: The Insidious 17th Amendment. The 17th Amendment did to federalism what the 13th Amendment did to slavery. Both are long-gone vestiges of our framing era. Tenth Amendment? States’ rights?… Read more »
Tag: Scotus
The John Birch Society v. We the People Part I
Subtitle: Correct the Defects. When it comes to its talking points, The John Birch Society (JBS) is thick with assertions and thin with evidence and history. For instance, the JBS… Read more »
A Different Take on the Bill of Rights
I cringe a little when I read Facebook posts relating how our Constitution was designed to limit the federal government. They imply a pre-existing government went astray and needed curtailment…. Read more »
Article V – Assert our Sovereignty
Use it or lose it. Article V opponents believe America is too corrupt to be trusted with a Convention of the States. They believe We The People fulfilled Ben Franklin’s… Read more »
Scotus, Abortion, and the Common Defense
In 1918, Scotus settled the issue of WWI conscription v. the 13th Amendment’s ban on involuntary servitude. Borrowing from Vattel, the court majority wrote in the Selective Draft Law Cases:… Read more »
The Sirens’ Song of the 17th Amendment
Subtitle: Conclusions of Jay S. Bybee – Ulysses at the Mast. Bybee’s 1997 work was my first scholarly exposure to the 17th Amendment. At the time, I admit to no… Read more »
Fear Scotus, not an Article V COS
It’s easy to amend the Constitution. It’s been done dozens of times since WWII. Send the right case with the right litigants at the right time to an adequately Leftist-leaning… Read more »
An Arbitrary Supreme Court
Just as Rome never had a king after deposing the last Tarquin, yet breathed her last under unlimited Emperors, America will never have an unlimited, absolute monarch. Instead, it has… Read more »
Jaywalking with Convention of States Opponents
When did a republic extricate itself from imminent tyranny through the election of better or more virtuous people? Perhaps Article V COS opponents will point to the election of President… Read more »
Progressing the Constitution – The Ninth Amendment Part IV
Subtitle: A Judicial Mess. The Framers considered and rejected a policy-making role for the Scotus. Despite James Madison’s repeated efforts, the federal convention defeated his attempts to attach the Scotus… Read more »