Category — Constitution

The judiciary should not rule based on what's popular, or perceived as popular. Instead they should recognize that this is not a democracy but a republic based on the rule of law - and the supreme law of the land is the Constitution. If that Constitution is made of wax, it is of no use.   Read the rest of this entry »

The limit of executive power under the Constitution and the prerogatives of the states in a federal system were vexing in 1832 and have continued to be so. John C. Calhoun's arguments regarding nullification resonate today.   Read the rest of this entry »

If you want to understand how the Constitution became a shadow of its former self, The Dirty Dozen is an excellent place to start.   Read the rest of this entry »

James takes a look at what the newly media-proclaimed "expert" (Richard Stengel) on the Constitution has to say in the most recent edition of Time magazine. (Note, Stengel's no expert, his article is rife with errors and his ideology leaks through all over it.)   Read the rest of this entry »

President Obama remains unable to conceal the conflict between his political ideology and that of the Founders.   Read the rest of this entry »

Individual rights were not a significant issue during the Constitutional Convention, but a Bill of Rights certainly became a major issue during ratification. Those who fought for a Bill of Rights weren’t looking for a government guarantee of an itemized list of rights. Even the anti-Federalists believed that rights came from God, not the government. These Constitutional dissenters were demanding that government be restricted from interfering with their rights. In other words, they wanted it made crystal clear where the government dare not tread.   Read the rest of this entry »

If "men are really capable or not of establishing good government from reflection and choice, or whether they are forever destined to depend for their political constitutions on accident and force." This is the choice we have before us and what we might profit from contemplating on this 4th of July.   Read the rest of this entry »

The proposed balanced budget amendment is not necessarily all it's cracked up to be. We owe it to ourselves to look at it very carefully before we make it part of the Constitution.   Read the rest of this entry »

As with many other precedents, George Washington set the custom of serving no more than 2 terms as president. Up until FDR, all of his successors adhered to this tradition. After FDR, the 22nd Amendment was passed by congress to …

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The takings clause is the people's bulwark in defense of private property. Despite its clarity, it has been a weak shield against the abusive exercise of determined power. Madison’s Convention notes show that the Framers spent little energy on rights, because delegates assumed a national government would adhere to Constitutional restrictions. We all know what happens when you assume ...   Read the rest of this entry »