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Time Mag’s Constitutional Baby Babble

Several readers sent me for comment a lengthy cover article in Time Magazine by managing editor Richard Stengel. Stengel’s piece is one result of new public interest in our Constitution and in “first...

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Justices Make It Tougher for State Universities to Discriminate, But Not...

(This is the third of several short commentaries on recent Supreme Court decisions.) The Supreme Court’s recent decision in Fisher v. University of Texas has made it tougher for state universities to...

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Must the Federal Government Honor an “Equal Protection” Rule?

Does the Constitution require the federal government to afford “equal protection of the laws?” At first glance at the Constitution’s text, it would appear not. There is no general Equal Protection...

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New Article: Government’s Obligation To Be Impartial

Rob at James Madison's home in Virginia The Constitution was adopted amid a belief that government is a public trust.* Does the Constitution require federal and state governments to adhere to formal...

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The Most Radical Decision Ever?

This article first appeared in The American Thinker. A complete commentary on the same sex marriage case would take far more than a single short article. Accordingly, I offer only some discrete...

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An Objective Guide to Birthright Citizenship

Rob in the Colorado Rockies An earlier version of this article appeared in The American Thinker. This is a guide to the constitutional issue of whether a child is a citizen if born in the United States...

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Birthright Citizenship Opponents Should Not Rely on 14th Amendment...

Rob in the Colorado Rockies An earlier version of this article first appeared in The American Thinker. Opponents of birthright citizenship often cite fragments of the congressional debate over the...

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How the Constitutional Case Against Citizenship for Children of Illegal...

Rob in the Colorado Rockies This is a corrected version of an article originally appearing at the American Thinker website. It is the third of a three-part series. In two prior postings (here and...

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Rob Natelson on TV: Explaining the Constitutional Issues in “Birthright...

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What Did The Founders Mean by “Due Process of Law?” Hint: SCOTUS to the...

Rob in the Colorado Rockies Note: This article originally appeared in The American Thinker. The Fifth and Fourteenth amendments to the Constitution each has a Due Process Clause. The Fifth Amendment...

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Antonin Scalia, RIP

Justice Antonin Scalia was one of the most eloquent opinion writers in the history of the United States Supreme Court–perhaps the greatest of all. His dissents may have been the most powerful ever...

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Legislative Reapportionment: The Supreme Court Steps Back

Rob with former US Senator Tom Coburn This article originally appeared in The American Spectator The Supreme Court recently stepped back from its campaign to impose its political preferences on the...

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What should you remember when drafting a constitutional amendment?

Last month, Citizens for Self Governance sponsored a simulated convention for proposing amendments in Williamsburg, Virginia. I was an adviser for the project, and just before the initial meeting I...

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Time Mag’s Constitutional Baby Babble

Several readers sent me for comment a lengthy cover article in Time Magazine by managing editor Richard Stengel. Stengel’s piece is one result of new public interest in our Constitution and in “first...

View Article

Image may be NSFW.
Clik here to view.

Justices Make It Tougher for State Universities to Discriminate, But Not...

(This is the third of several short commentaries on recent Supreme Court decisions.) The Supreme Court’s recent decision in Fisher v. University of Texas has made it tougher for state universities to...

View Article


Image may be NSFW.
Clik here to view.

Must the Federal Government Honor an "Equal Protection" Rule?

Does the Constitution require the federal government to afford “equal protection of the laws?” At first glance at the Constitution’s text, it would appear not. There is no general Equal Protection...

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About birthright citizenship

It has hit the news cycle once again: The perennial question of whether the children born in America of parents illegally in this country are natural born (“birthright”) citizens. The constitutional...

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First decision of the Supreme Court Term: a unanimous liberal result

The first decision of the Supreme Court’s new term tends to confirm my view that the Court does not have, as the media claim, conservative majority. It also tends to confirm my conclusion that...

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Justice Thomas again shows he’s the Supreme Court’s only consistent originalist

A version of this article originally appeared in the Daily Caller. Justice Clarence Thomas has demonstrated anew that he is the sole consistent originalist on the Supreme Court. In last Wednesday’s...

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Can Trump be disqualified from the presidency?

This essay first appeared in the February 17, 2021 Epoch Times. After failing to convict former President Donald Trump in an impeachment trial, some Trump-detractors are promoting the idea of Congress...

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