Earmarks and Obamacare — Count on the Constitution, not Congress or the courts

There has been considerable brouhaha over whether the Republican-controlled House of Representatives in the 112th Congress will really reduce runaway federal spending. One day the leadership designates a chairman of the Appropriations Committee with a major earmark portfolio of his own and the next day there are fears that even Tea Party stalwarts might get wobbly . . . → Read More: Earmarks and Obamacare — Count on the Constitution, not Congress or the courts

The Real Constitutional Conservatism

Just as the Left tried unsuccessfully to tar the Tea Party as racist, it is now using distortion and ridicule to attack the Tea Party’s contention that Congress should follow the Constitution. One of the most recent efforts is radical activist Lincoln Caplan’s op-ed in the “All the News That Fits” Times, entitled “Exploring the . . . → Read More: The Real Constitutional Conservatism

Carpe Apertio: Return the Constitution to the People – Kill the Constitutional Convention Requirement

Many thanks to the Washington Times for publishing my op-ed commentary presenting a preliminary argument for the “amendment amendment.”  In particular they came up with a headline more informative and to the point than the one I proposed, although I would still like to use Carpe Apertio (seize the opening) as a slogan for something!

A fuller discussion of the “amendment . . . → Read More: Carpe Apertio: Return the Constitution to the People – Kill the Constitutional Convention Requirement

Of Minimum Wages, Lochner and Darby; or Understanding How to Read the Constitution Originally

In an October 20 piece in Time, attorney Adam Cohen  discusses the contention by senatorial candidates John Raese of West Virginia and Joe Miller of Alaska that the federal minimum wage law is unconstitutional.  Although it does not appear that either candidate will be joining the Senate, it is important to clarify the confusion manifested by Mr. . . . → Read More: Of Minimum Wages, Lochner and Darby; or Understanding How to Read the Constitution Originally

Christine O’Donnell and the Separation of Church and State

There has been a flurry of notice in the media about an exchange in a recent debate between Delaware senatorial candidates Christine O’Donnell and Chris Coons over the concept of the “separation of church and state” and the actual wording of the first amendment which provides that “Congress shall make no law respecting an establishment of . . . → Read More: Christine O’Donnell and the Separation of Church and State

Reply to Ron Chernow on the Founders vs. the Tea Party

This is the expanded text of a letter to the editor of the New York Times which I wrote in response to an op-ed by historical writer Ron Chernow.  Of course, the “All the News That Fits” Times did not publish the letter.

In his op-ed article published September 23 entitled “The Founding Fathers versus the Tea Party”, . . . → Read More: Reply to Ron Chernow on the Founders vs. the Tea Party