Critics have attacked the Constitution’s allocation of two senators for each state, irrespective of the size of each state’s population. This column explains why each state has equal representation in the Senate. The critics fall roughly into two categories: extreme and moderate. Among the more extreme ones is the author of a 2018 GQ article….
The Second Amendment Is Not Outdated
A lawyer in Boulder, Colorado, has been buying billboard space to attack the Second Amendment right to keep and bear arms. One billboard reads: IMAGINE HIGHWAYS USING TRAFFIC LAWS WRITTEN IN 1791. IMAGINE RADIO, TELEVISION, AND INTERNET RUN BY 1791 REGULATIONS. IMAGINE LIMITING YOURSELF TO MEDICAL CARE AVAILABLE IN 1791 THE SECOND AMENDMENT WAS WRITTEN…
The Constitution’s Words Are Not ‘Vague’
Liberal academics and judges frequently claim that many constitutional phrases are vague or meaningless. Or, as stated by former Supreme Court Justice William J. Brennan, they’re “luminous and obscure.” These academics and judges draw two conclusions: First, that the document doesn’t deserve great respect because it isn’t well drafted. And, second, that the Constitution’s vagueness…
Limits on Federal Authority
The previous essay explained that the Constitution is fundamentally a document granting enumerated (listed) powers. Like all such documents, the powers it grants are limited. These limits are one of the Constitution’s most important features. And they have been targets of a hostile propaganda campaign for many decades. “Progressive” commentators in politics, academia, and the…
Constitutional Originalists Love America
Commentary I fled academia in 2010 because of its increasingly bizarre environment. Since that time, the situation has only gotten worse. This is reflected in the scholarly journals, where they publish more and more silly stuff. Recently, for example, I learned that a journal published an article (pdf) claiming that those of us who interpret…
Using the Constitution to Re-Rank the Presidents
Commentary Every so often you read about a survey in which scholars rate the performance of previous American presidents. A good example is one recently conducted by C-SPAN. You can see its presidential rankings here. The C-SPAN survey awards the top two positions to Abraham Lincoln and George Washington, respectively. There are some good reasons…
The ‘Independent Legislature Doctrine’—and Why It Frightens So Many on the Left
Commentary Some in the media and academia have been hyperventilating about a point of constitutional law they call the “independent legislature doctrine.” They worry that the doctrine could produce more Republicans in Congress. The hysteria has been matched only by the detractors’ astonishing constitutional ignorance. Proof of this ignorance is how they describe the independent…
Nebraska Joins Call for Convention of States to Amend US Constitution
February 10, 2022
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Nebraska on Jan. 28 became the 17th state to push for a convention of states to make changes to the U.S. Constitution—an unconventional process that’s never been used before. Under Article V of the Constitution, calling a convention to amend the U.S. constitution would require approval from two-thirds of U.S. states, or 34 of 50…
Rare First Printing of US Constitution Sells for Record $43 Million
NEW YORK—A rare first printing of the U.S. Constitution sold at Sotheby’s in New York for $43.2 million, a record price for a document or book sold at auction. The anonymous winning bidder at Thursday night’s sale outbid a group of 17,000 cryptocurrency enthusiasts from around the world who crowdfunded to buy it over the…
Understanding the Constitution: The 14th Amendment: Part II
Commentary Last week’s installment covered the first three parts of Section 1 of the 14th Amendment—the Citizenship Clause, Privileges or Immunities Clause, and Due Process Clause. This week’s installment addresses the remainder of Section 1 as well as Sections 2 through 5. Section 1 (concluded): “nor shall any State … deny to any person within…
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