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Control of the State Courts—The Latest Federal Takeover Target?

A group of over 100 Members of Congress—mostly Republicans who won their seats because Democrats were not honoring the Constitution—have signed onto a flagrantly-unconstitutional bill that amounts to...

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Congress, Butt Out! The Constitution Reserves Malpractice Reform for the States

In their zeal to adopt a federal malpractice reform bill to dictate procedures to state courts, many Republicans in Congress are doing precisely what they rightly accuse Democrats of doing: blithely...

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House Rules Committee: “Violate Your Oath No Matter How You Vote!”

It’s a stunning betrayal of all those hardworking, pro-Constitution Americans who gave U.S. House Republicans their majority. Republicans controlling the House Rules Committee have added sweeping new...

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Obamacare Decision Suggests U.S. Malpractice Bill Unconstitutional

Little-noticed amid the commentary on the Supreme Court’s health care decision is the decision’s blow to congressional efforts to federalize medical malpractice law—a potential element of the...

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Did the Founders’ Constitution Permit Federal Tort Reform?

NOTE: The photo shows the author at the sundial in James Madison’s garden at Montpelier, VA. On behalf of the national Chamber of Commerce, super-lawyer Paul Clement has authored a new paper arguing...

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Supreme Court’s Obamacare Decision Renders Federal “Tort-Reform” Bill...

Just to show you that hypocrisy is alive and well in Washington, D.C. (as if you didn’t know), Title V of the Republican bill to “repeal and replace Obamacare” contains some of the same constitutional...

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Conservatives need to support trial by jury, too

Although I’ve often criticized the constitutional tone-deafness of “progressives,” conservatives can sometimes exhibit such tendencies as well. Over at The Seventh Amendment Advocate, Andy Cochran...

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Evidence on the Powers the Constitution Leaves Exclusively to the States

This column also appears at CNSNews. The Constitution enumerates the powers of the federal government. But has anyone listed the exclusive powers of states—the realm the federal government may not...

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Some of the Colorado Supreme Court’s Mistakes in the Douglas County School...

As people who follow education reform already know, the Colorado Supreme Court recently struck down the Douglas County school board’s school choice program. It did so based on Article IX, Section 7 of...

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