Can the president simply shut down Congress on a whim? Some people think he has this power. As one commenter put it in a Facebook post, "Article 2 Section 3 during extraordinary circumstances the president can send Congress away." (more…)
Read moreConstitution 101: The Electoral College
When you head to the polls and vote for the president, you don’t actually vote for the president. You vote for a slate of electors who select the president through the Electoral College. (more…)
Read moreThe Electoral College: What It Is and Why It Matters
The Electoral College has become a hotly contested issue in American politics with a strong and vocal movement to do away with the institution and instead select the president based on whoever receives the most total votes. In this presentation I gave for Empower U, I explain what the electoral college is, chronicle how the..
Read moreConstitution 101: Full Faith and Credit
Article IV, Section 1 of the Constitution requires every state to give “full faith and credit” to public acts, records and judicial proceedings of every other state. This rather obscure constitutional provision eased its way into the spotlight in recent months as gun rights advocates have pushed for national concealed-carry reciprocity. A federal conceal-carry reciprocity..
Read moreConstitution 101: The Judiciary and Judicial Review
The federal judiciary has arguably become the most powerful branch of the general government. Opinions issued by nine politically connected lawyers have redefined marriage throughout the entire United States, authorized the internment of American citizens and dictated what kinds of decorations cities can display in their parks. Federal courts were never intended to wield this..
Read moreConstitution 101: The Supremacy Clause and the Bill of Rights
Many Americans believe the Bill of Rights apply to state and local governments. Most who hold this position rely on the 14th Amendment and the "incorporation doctrine" to support their position. But some proponents of using federal power to restrict state and local actions through the Bill of Rights use tortured legal reasoning to argue..
Read moreConstitution 101: The Preamble
For many Americans, knowledge of the Constitution begins and ends with the preamble. A lot of you probably even memorized it at some point in school. I suppose you could laud the educational system for at least acknowledging the existence of America's governing document. But unfortunately, all of the focus on the preamble has done..
Read moreConstitution 101: To Provide for the Common Defense
The left uses the general welfare clause as its "the federal government can do anything and everything clause." Meanwhile, the right has turned the phrase "provide for the common defense" into a similar justification for federal overreach. Progressives invoke the general welfare clause to justify all kinds of unconstitutional federal actions, from national healthcare to..
Read moreExecutive Orders
In his first full day in office, Pres. Trump signed a number of executive orders. His actions have rekindled fierce debate on the legitimacy of EOs. A lot of people seem to adopt one of two extremes. On the one hand, many argue the president can legitimately issue executive orders with virtually no limitation. The..
Read moreConstitution 101: The Ninth Amendment
Generally, Americans treat the Ninth Amendment like the Bill of Rights’ unwanted stepchild. They mostly ignore it, and when they do talk about it, they often misunderstand it. In reality, the Ninth Amendment serves a very simply but crucial purpose. It expands the limits on the federal government – at least in a manner of..
Read more