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  • The Founders’ Individual Mandate?

    Once, Obamacare’s defenders were certain the Supreme Court would uphold the individual mandate requiring every citizen to purchase health insurance. Then came the oral argument. Solicitor General Donald Verrilli was unable to articulate a limiting principle to Congress’s powers. That set off a scramble to find historical precedent for the … More

    Do Hispanics Love Limited Government?

    Are Hispanics really a monolithically liberal voting bloc? The left would have you think so, but the reality is more nuanced. A new focus group survey of Hispanic swing voters, shows that while a large majority of Hispanics do lean toward voting liberal, they also share many core conservative beliefs. … More

    Henry Ford: No Model P(rogressive)

    President Obama has a new role model for his Buffett Rule tax—Henry Ford. It’s an odd choice considering that Ford advocated free-market capitalism and opposed redistributive policies. Despite the lucrative government contracts, Henry Ford refused to participate in FDR’s 1933 National Recovery Act. (Let’s not forget that Ford Motors was … More

    Dear Liberals, Originalism Is Not Activism

    Obamacare’s day in court didn’t go so well, and liberals are in a panic. Sensing the demise of Obamacare, they have begun to preemptively accuse the conservative justices of “judicial activism.” But the more they try to explain how striking down Obamacare would be “judicial activism,” the clearer it is … More

    Beware the Nullification Temptation

    With state legislatures back in session, legislators are looking for options to reassert their legitimate role in the constitutional structure of federalism. Sadly, a few otherwise well-intentioned legislators are once again turning to the discredited and unconstitutional doctrine of nullification—the claim that an individual state legislature has the authority to … More

    Justice Ginsburg: "I Would Not Look to the U.S. Constitution"

    Conservatives are often ridiculed for criticizing activist judges who fail to respect the Constitution. We are told that it is not conservative originalists (labeled ignorant and extremist) but rather enlightened liberal judges—with their nuanced understanding of constitutional penumbras—who truly respect the spirit of the Constitution. Conservatives, however, have good reason … More

    How to Have Your Liberty and Eat It (Safely), Too

    With Congress set to kick off its 2012 session in just a couple of weeks, now is the perfect time to consider what the government’s primary goals should be for the new year. The economy and the election will rightly command the most attention, but we must remember that defending … More

    2011 in Review: Who's Been Naughty, Who's Been Nice?

    Americans are blessed to have inherited a constitutional republic. If we are to keep it, we must vigilantly preserve the Constitution upon which it stands. As 2011 draws to a close, we made a list (and checked it twice!) of the year’s most important constitutional trends. Nice: Congress begins to … More

    Whoa There! Time to REIN in Runaway Bureaucrats

    America’s out-of-control administrative state can best be compared to a runaway stage coach—trampling American workers and careening away with their money. Next week, Congress will have an opportunity to bring much-needed oversight to America’s regulatory process by voting for the aptly named REINS Act (Regulations from the Executive in Need … More

    Boehner Keeps the Faith on Congress' Constitutional Role

    Two years ago, then-House Speaker Nancy Pelosi (D–CA) shocked many Americans by dismissing a question about Obamacare’s constitutionality with the flippant retort: “Are you serious? Are you serious?” So much for the oath she swore to “support and defend” the Constitution. By comparison, the current Speaker of House, John Boehner … More