Brutus No. 1: Antifederalist Warning on Consolidation
If you’ve been following our work here at the TAC, you’ll often see articles, videos, quotes,...
Read MoreRatification
Salvaging Secession
Break It Up: Secession, Division, and the Secret History of America’s Imperfect Union, by...
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James Wilson’s State House Yard Speech: A Primer
On October 6, 1787, eminent Pennsylvanian James Wilson delivered his famous “State House Yard...
Read MoreOn the Presidential Succession Act and “Officers”
At Volokh Conspiracy, Josh Blackman: Do Professors Akhil and Vikram Amar Still Think the Presidential Succession Act is Unconstitutional? From the introduction: In an influential 1995 article, Professors Akhil and Vikram Amar...
Read MoreFederal Courts Fail Again in Washington Gun Case
Conservatives and libertarians often turn to the federal courts to “protect their rights” through an application of the Bill of Rights to the states. This is a bad strategy. Most of the time it fails, and we end up with bad...
Read MoreEU Launches ‘Legal Proceedings’ Over UK ‘Intermarket’ Bill As Brexit Talks Enter Final Round
EU Launches ‘Legal Proceedings’ Over UK ‘Intermarket’ Bill As Brexit Talks Enter Final Round Tyler Durden Thu, 10/01/2020 – 06:39 Political theater has long been a defining feature of the...
Read MoreCan the Vice President Break a Tie on Appointments?
In the Boston Globe, Laurence Tribe (Harvard) makes an originalist case that the Vice President cannot break ties on appointments votes. It’s an interesting issue but I am not persuaded. He begins: While the vice president has...
Read MoreWhy Don’t Libertarians Call for Restoring a Republic?
One of the most notable aspects of the libertarian movement is the dearth of articles, books, and speeches calling for the dismantling of America’s national-security state and the restoration of our nation’s founding...
Read MoreMagazine confiscation splits Third and Ninth Circuits
California and New Jersey have enacted laws to confiscate firearms magazines holding more than 10 rounds. On Aug. 14, a 2-1 panel of the Ninth Circuit ruled California’s confiscation unconstitutional, in Duncan v. Becerra....
Read MoreNew Jersey Mayor Bills Teen Protest Organizer for Police Overtime Pay
Your speech is free; now here’s the bill. The Black Lives Matter protest that Emily Gils organized last month in Englewood Cliffs, New Jersey, seemed to go well. Then Gils, 18, got the bill. The city wanted Gils to pay...
Read MoreSenator Harris Is a Natural Born Citizen
This post consolidates and extends earlier comments I (here and here) and others (especially Eugene Volokh here) have made about Senator Kamala Harris’ eligibility to be President (and derivatively her eligibility to be Vice...
Read MoreDid Jefferson and Madison Believe in Restrictions on the 2nd Amendment? No.
Ever since we ran our report outlining how President Trump has ramped up enforcement of unconstitutional federal gun control for three straight years, I’ve been inundated by excuses. They range from “he has to enforce the law”...
Read MoreIncorporation Doctrine Strikes Again: SCOTUS Upholds Nevada Church Regulations
A recent Supreme Court decision upholding Nevada church regulations underscores the danger of turning everything into a federal case and depending on federal judges to protect your rights. Thanks to the incorporation doctrine,...
Read MoreShould Congress Take Down Its Statue of Racist Chief Justice Roger Taney?
Congress is currently weighing a bill that would remove the bust of Roger B. Taney that is on display in the old Supreme Court chambers inside the capitol. Taney, who served as chief justice of the United States from 1836 to...
Read MoreThe ‘Civil War’ Was Not About Slavery
Some black Americans have created a black version of the KKK. They have even adopted similar terminology. The leader is called “Grand Master Jay.” The job of the organization, NFAC, is “to protect the black community” from...
Read MoreStop Trying to Ramrod You Politics Into the Constitution
A lot of people try to ramrod their political views into the Constitution. In the process, they twist the legal meaning of the document into something that was never intended. The only way to understand the Constitution is to...
Read MoreHere’s What Stock Markets See As The Outcome Of The Nov 3 Presidential Election
Here’s What Stock Markets See As The Outcome Of The Nov 3 Presidential Election Tyler Durden Wed, 07/08/2020 – 13:54 If one believes online bookmakers such as PredictIt, the November 3 election will be an open and...
Read MoreGlobal Stocks Rise, S&P Futures Above 3,200 As Melt-Up Continues
Global Stocks Rise, S&P Futures Above 3,200 As Melt-Up Continues Tyler Durden Mon, 06/08/2020 – 07:59 One day after a record surge in Nasdaq trading volumes on Friday, which was coupled with a record spike in call...
Read MoreThe Incorporation Doctrine Broke the Constitutional System
I think centralizing power is always a net loss for liberty. So did the founding generation. This is why the framers of the Constitution emphatically rejected a proposal to give the federal government veto-power over state laws....
Read MoreBook Review: Constitution Owner’s Manual
What does the Constitution mean, and who gets to decide? Such a question has been answered in written form by political pundits, lawyers, and academics. Most of these accounts, however, rely upon a pre-determined ideological...
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