Federal Judge Rules That NSA Metadata Collection Program Likely Unconstitutional

A potentially big legal setback for a big National Security Agency program.

A Quote to Ponder

Just Say No To A Constitutional Convention

Oklahoma Senator Tom Coburn is the latest conservative to endorse the foolish idea of a Constitutional Convention.

“Happy Birthday To You” And What’s Wrong With Intellectual Property Law

A song written when Grover Cleveland was President is still protected by Copyright Law. That makes no sense at all.

No, Madison was not an Advocate of the Original Design of the Senate (17th Amendment Repeal Edition)

If one is going to worship at the alter of original intent, it might be useful to know a bit of history.

The Clinton-Bush-Obama Trifecta

Are two-term Presidencies the new normal?

The Supreme Court’s New Limits On The Commerce Power

While it upheld the Affordable Care Act today, the Supreme Court also placed some clear limits on Congressional power. That’s a good thing.

Ambition v. Ambition

Issa, Holder, and a little Madison.

200 Years Ago Today, America’s First War Begins

Two centuries ago, a war that makes less and less sense with the passage of time began.

The Census, the House GOP, and the Founders

The Founders would never have thought to do more than count people in the Census!

More on the Federalist Papers as the Rosetta Stone for the Constitution

There are a number of problems with the notion that the Federalist Papers provide a perfect guide to the Constitution.

Teaching the Federalist Papers

If we taught the Federalist Papers more rigorously would that lead to a shared view of the constitution?

On The Phony Charge Of “Judicial Activism” From ObamaCare Supporters

The White House and its allies have already declared war on a decision that won’t even be rendered until three months from now.

Rick Santorum v. Individual Liberty

Rick Santorum’s views on the role of government are somewhat disturbing.

Defense Bill Allows For Indefinite Military Detention of American Citizens

The National Defense Authorization Act for Fiscal Year 2012 authorizes the President the authority to indefinitely detain persons, even American citizens arrested on American soil, without trial because they allegedly support the enemy.

The States and the Framers (Again)

Madison argued that the people were the ultimate authority.

Madison, the Philadelphia Convention, and Presidentialism

The US came a lot closer to something resembling a parliamentary system than most people think.

Would America Be Better Off With A Parliamentary Government?

Is America’s political system to blame for our current problems?

Kill This Bill

Much like bills named for dead children, there’s a very high likelihood that any bill with “protecting children” and/or “pornographers” in the title is a) a very bad idea, b) a very stupid idea, c) of dubious Constitutionality, or, as here, d) all of the above.

America At 235

Some thoughts on the American experiment at 235 years and counting.

Texas Unconstitutionally Attempts To Nullify Federal Law On Incandescent Light Bulbs

How many Texas politicians does it take to screw in a non-communist light bulb?

Ex-Spy Says Bush Administration Tried To Use CIA To Discredit Blogger

An ex-CIA agent says that someone in the Bush White House tried to use the agency to “discredit” Iraq War critic Juan Cole.

Madison’s Defintion(s) of Republic

More on the whole “republic not a democracy” discussion.

The Size of Government Is a Non-Issue: A Late Night, Caffeinated Manifesto

It’s not the size of your government that counts — it’s what you do with it that matters.

I Get Emails About History

On CPAC, Social Conservatives, And GOProud

On the eve of this year’s Conservative Political Action Conference, another shot has been fired by those boycotting the meeting due to the presence of a gay conservative group.

Blogging Liberty and Tyranny, Chapter Four

Examining Levin’s examination of the Constitution, jurisprudence, and property rights.

Arizona Hates The Constitution, Loves Nullification

Arizona looks to be the latest state to try to revive the discredited doctrine of nullification.

Idaho Resurrects Discredited Idea Of Nullification In Health Care Reform Battle

Republicans in Idaho are talking about resurrecting the foolish and discredited idea of nullification as a weapon in the fight against ObamaCare.

Blogging Liberty and Tyranny, Chapter One, Part One

I’m blogging Mark Levin’s Conservative Manifesto. Here’s part one…

Today In Religious Liberty: Jefferson Writes Of The “Wall Of Separation”

208 years ago today, Thomas Jefferson wrote a letter to The Danbury Baptist Association that has resonated through the years.

Constitution: An Invitation to Struggle

Like it or not, the U.S. Constitution has always been a political document, evolving depending on the players on the stage.

Filibuster Reform On The Agenda For 2011?

For the first time in 35 years, the Senate may finally be on the verge of reforming the filibuster.

Repeal Amendment’s Practical Application

If 33 states can muster support to kill a law, how would it have gotten enacted to begin with?

Incoming House Majority Leader Endorses Plan To Destroy Constitution

Incoming House Majority Leader Eric Cantor is speaking positively about an Amendment that would drastically alter the relationship between the Federal Government and the states, and a method of ratifying it that could do serious damage to the Constitution as a whole.

Earmark Reform Isn’t Just Symbolism

Eliminating earmarks is good policy and good politics.

Who is Publius? or, Who’s Afraid of Anonymous Political Speech?

Reason’s Meredith Bragg and Nick Gillespie have a pretty amusing rejoinder to the Obama administration’s attempts to smear the anonymous funding of television ads opposed to their agenda in a video titled “Who is Publius? or, Who’s Afraid of Anonymous Political Speech?”

Schwarzenegger: Obama Will Win in 2012

Arnold Schwarzenegger predicts President Obama’s re-election. Historically, that’s the safe bet.

“The Toughest Times Any President Has Ever Faced” ?

In his farewell speech on Friday, Rahm Emanuel said that the Obama Administration had faced tougher times than any previous President. That is a fundamentally absurd idea.

What the Framers Meant Part Two: Return of the Federalist Papers

Both the Constitution and the Federalist Papers, impressive as they are, must be understood in terms of not just applied political philosophy, but practical politics as well.