Beyond the Balanced Budget Amendment – Give Us Back Our Constitution

Many thanks to American Thinker for publishing my article, A Balanced Budget Amendment is not enough – Give Us Back Our Constitution.   The comments to the article illustrate the frustration many Americans feel with our federal government.  In the last hundred years the Framers’ fundamental constitutional structure has been betrayed by all three of the branches of the . . . → Read More: Beyond the Balanced Budget Amendment – Give Us Back Our Constitution

Of Libyas Past, Present and Future — the Constitution and Making War

There is much being said and to be said about President Obama’s decision to send US military forces to do whatever it is they are doing in Libya.  Some of this commentary is even noting that there is something in the Constitution about going to war, even citing Section 8 of Article 1 which vests in Congress the power . . . → Read More: Of Libyas Past, Present and Future — the Constitution and Making War

Bernie Sanders and the Progressive Case for a More Jeffersonian Government

Vermont Senator Bernie Sanders’ nine-hour rant on the Senate floor against maintaining the current tax rates for upper income Americans attracted considerable notice.  The essence of his argument was that more successful individuals and small businesses should be taxed more because of government favoritism toward major corporate interests in the Bush/Obama bailouts.  Of course, under a true free market such . . . → Read More: Bernie Sanders and the Progressive Case for a More Jeffersonian Government

Obamacare in the Supreme Court

Opponents of Obamacare have welcomed Judge Roger Vinson’s decision that not only is the individual mandate unconstitutional, but that that renders the entire 2,000 plus page scheme unconstitutional.  (The previous ruling that the individual mandate is unconstitutional by Judge Henry Hudson did not overturn the entire statute.  UPDATE – in mostly upholding Judge Vinson’s decision, the Eleventh . . . → Read More: Obamacare in the Supreme Court

The Problem of Pork and Precedent, or Why We Need Amendment as a Third Front to Restore Constitutional Government

One of the distinctive features of the Tea Party is its focus on understanding the Constitution and pulling the federal leviathan back into its constitutional bounds. While conservatives certainly have always been cognizant of the Constitution, previous conservative resurgences were never as Constitution-conscious as the contemporary Tea Party. The question is, what do we do with . . . → Read More: The Problem of Pork and Precedent, or Why We Need Amendment as a Third Front to Restore Constitutional Government

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

To Space and Beyond — a Tale of Public vs. Private Economies

Today SpaceX, one of the private companies trying to get into the space launch business, had its first successfull suborbital test flight. The flight was part of its competition for a $1.6B contract from NASA for 12 flights to the international space station. While I recognize that strict economic libertarians and constitutional originalists question . . . → Read More: To Space and Beyond — a Tale of Public vs. Private Economies

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