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Search Results for: constitution – Page 2

The Constitutional Position and Powers of the Presidency: Executing Laws and Interpreting the Constitution

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The framers deliberately gave the president independence, unity, and vast powers. This is only a problem if the office is badly filled.

Ruler and Guide: What John Marshall Can Teach Neil Gorsuch about the Constitution and the Natural Law

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Let us hope that, in his answers and in his future jurisprudence, Neil Gorsuch looks to the example of the Great Chief Justice and sees the Constitution as ruler, the natural law as guide.

That Time I Turned a Routine Traffic Ticket into the Constitutional Trial of the Century

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Laws that give municipal officials and their private contractors power to issue tickets via traffic cameras confer powers of both criminal and civil law while excusing them from the due process duties of both criminal and civil law.

The Constitutional Power of the Electoral College

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The framers of the Constitution designed the elector system to balance the need for the people to have a voice and the desire to have a refined, informed body actually choose the president in order to avoid the election of a demagogue or charlatan.

Reagan vs. Trump on the Constitution, Freedom, and Conservative Statesmanship

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The conservative should not act the ideologue in order to attack the demagogue, because the simplistic thinking of the ideologue is just as hostile to true statesmanship as the angry passions of the demagogue.

George Washington’s Constitutional Morality

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In the age of Clinton and Trump, we need the principles and ideals that animated America’s first president more than ever.

Unnecessary and Inappropriate Constitutional Conflict in North Carolina

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If the federal government, via the interpretive activity of one of its executive departments, can issue mandates to the states regarding bathrooms, it is hard to imagine an area of local governance shielded from federal scrutiny.

Antonin Scalia, Persistent Champion of Constitutional Republicanism

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The students of Justice Scalia were not merely those who took his classes or served as his clerks. Through his opinions, he taught countless others the importance of the rule of law, republican self-government, and the virtue of courageous persistence in a good cause.

Constitution 101: A Lesson for Donald Trump

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The American Founders understood that good government requires judicious “rigging.” Such rigging is only “crooked” if one wrongly assumes that consent alone is a sufficient condition for justice.

North Carolina’s Bathroom Bill and the Constitution

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North Carolina’s state legislature recently passed HB2, requiring governmental bathrooms and locker rooms to be separate based on biological sex. Despite LGBT activists’ insistence that hateful animus against transgender people motivates this law, in reality the law does not discriminate against LGBT people any more than it does against other special classes, and instead offers a reasonable balancing of conflicting privacy interests.

Constitutional Conservatism: Its Meaning and Its Future

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The project of constitutional conservatism must be about more than restoring limits on government. It must also invoke the ends of the American experiment in ordered liberty if the United States is to resist the siren-calls of egalitarianism and populism.
Public Discourse

The National Bank: An Early Lesson in Constitutional Fidelity

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The debate over the creation of a national bank reveals how Washington, Jefferson and Hamilton, despite profound disagreements, argued respectfully with prudence and fidelity to the Constitution. All three men offer valuable examples to today’s statesmen.
Public Discourse

The Troubling Stakes of the Originalism-Living Constitutionalism Debate

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Any defense of constitutional originalism depends on accepting the principles of natural law and natural rights on which the Constitution was founded. Unfortunately, these principles no longer have meaning for most judges, politicians, and ordinary citizens today—which has troubling implications for the future of our republic.
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The Living Constitution Revisited

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Justice William Brennan’s vision of a living constitution continues to dominate contemporary constitutional interpretation, in spite of its troubling inconsistencies.
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The Constitutional Powers of War and Peace

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228 years ago today, the Framers at the Constitutional Convention decided the power to declare war would be reserved to Congress, and the power to conduct war and make peace would be reserved to the president. Presidents and congresses have not always followed the Constitution in matters of war, but that doesn’t mean the Constitution has changed.
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Marriage and the Constitution: What the Court Said and Why It Got It Wrong

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The Supreme Court’s ruling is a significant setback for all Americans who believe in the Constitution, the rule of law, democratic self-government, and marriage as the union of a man and a woman. Will the right of Americans to speak and act in accord with the truth of marriage be tolerated?
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Citizens, Unite! Part Two of Your Constitutional Primer

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“Constitutional law” is not the exclusive domain of the courts, or even of government officials. Faithful interpretation is the duty and responsibility of faithful citizens.
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Everything You Need to Know About Constitutional Law

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Reading and understanding the Constitution is not an especially complicated intellectual exercise. It takes lawyers, judges, and law professors to turn it into something difficult and convoluted.
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President Obama’s Dishonest and Unconstitutional De-Authorization

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President Obama’s “authorization” request is designed to curtail existing legal authority to wage war on ISIL and to handcuff future presidents in the exercise of their constitutional authority as commander in chief.
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Constitutional Conservatism Rejects Judicial Supremacy

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Conservatives should defend the Constitution and the rule of law, but they should not defend judicial supremacy. The Constitution—not the Supreme Court—is our country’s highest authority.
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Fusionism, Hobby Lobby, and the Constitution

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Responses to the Hobby Lobby case demonstrate the importance of conservatives and libertarians working toward common goals.
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Abortion, Slavery, and Constitutional Meaning

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Abolitionism provides the example for how to fight for a cause: underscore the humanity of those whose humanity is denied, provide compassionate care for those affected, name the lies that dehumanize and kill, and tirelessly argue for the truth about “who counts.”
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Conservatives and the Constitution

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Conservatives must resist the temptation toward “big-government conservatism.” Easy acceptance of extra-constitutional federal powers betrays the philosophical roots of the conservative movement.
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A Picture Is Worth a Thousand Words: The Constitutional Soundness of Ultrasound Requirements

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“Informed choice” legislation does not impede a woman’s ability to choose abortion. Such laws enlighten the abortion choice by making clear exactly what it is that is being chosen.
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