Commentary: The One-Two Punch to Knock Out Electoral Democracy

by Michael S. Kochin   If you thought, or hoped, that the brave (or nobly self-interested) Democratic Governor of Nevada, Steve Sisolak had thwarted the push for a National Popular Vote by vetoing the bill, think again. On June 12, 2019, Oregon Democratic Governor Kate Brown signed it into law for her state.…

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Commentary: The American Founding’s High-Minded Purposes

by Edward J. Erler   James Madison is justly celebrated for his frequently stated opinion that “all power in just and free Government is derived from compact.” But Madison’s view is not endorsed by all purported champions of the founders. A recent article, “Our Unwritten Constitution: Orestes Brownson and the Foundation…

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Ohio’s Bob Latta Cosponsoring Constitutional Amendment to Ban ‘Desecration’ of American Flag

  Ohio Rep. Bob Latta (R-OH-05) is co-sponsoring a proposed Constitutional amendment in the U.S. House that would give Congress the “power to prohibit the physical desecration of the flag of the United States.” The resolution was reintroduced Friday (Flag Day) by Rep. Steve Womack (R-AR-03), with a companion bill…

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Commentary: The Rise of Administrative Law Over Legislative Law

by William Haupt III   “We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.” – Abraham Lincoln Administrative law is the procedure of creating laws by bureaucratic bodies in our municipal, state and…

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Commentary: Does the Constitution Mandate Universal Birthright Citizenship?

by Amy Swearer   Who is a United States citizen by birth? This question has increasingly received national attention, in large part because of President Donald Trump’s promise to “end birthright citizenship.” As I explain, however, in my recent Heritage Foundation legal memo titled “The Citizenship Clause’s Original Meaning and…

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Wisconsin Supreme Court to Hear Extraordinary Session Challenge

by Benjamin Yount   Who controls when the Wisconsin State Assembly meets? The Assembly itself, or the state’s constitution written in 1848? The Wisconsin Supreme Court hear arguments on that question Wednesday. The Wisconsin League of Women Voters filed a lawsuit earlier this year that challenges a number of laws passed…

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Commentary: No Constitution for Divided Men

by Helen Lamm   Whether we like it or not, the defining political disagreements of our time are no longer based on differences of constitutional interpretation. “Limited government” is probably the most broadly accepted unifying principle of the conservative movement. You can find the phrase in the mission statements of…

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Toledo Ballot Proposition Would Extend Legal Rights of Constitution to Inanimate Body of Water

Voters in Toledo, Ohio went to the polls Tuesday to decide the fate of a “Lake Erie Bill of Rights” ballot proposition, which would extend the legal rights of the Ohio Constitution to an inanimate object. The referendum is the result of a years-long effort to clean up Lake Erie…

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