Nullification Is Unconstitutional The Nullification Temptation: In order to challenge the federal government’s unconstitutional actions, states… Read more
Abstract: Throughout his presidency, Ronald Reagan was guided by the principles of the American founding, especially the idea of ordered liberty. In the opening of his first inaugural address in 1981, President Reagan echoed the preamble of the Constitution, calling on the country’s citizens… Read more
Federal law prohibits state colleges and universities from providing in-state tuition rates to illegal aliens “on the basis of residence within the State”—unless the same in-state rates are offered to all citizens of the United States. Today, 12 states are circumventing this federal law,… Read more
Abstract: Attempts at passing a balanced budget amendment (BBA) date back to the 1930s, and all have been unsuccessful. Both parties carry some of the blame: The GOP too often has been neglectful of the issue, and the Democratic Left, recognizing a threat to… Read more
Abstract: Republicans in the House and Senate have announced that they will force votes on balanced budget constitutional amendments. While the Senate and House versions of the current BBA are similar, there are some important differences that Members of Congress and the American people… Read more
Abstract: A clause of the Fourteenth Amendment to the United States Constitution provides, “The validity of the public debt of the United States…shall not be questioned.” Far from authorizing the President to incur more debt—a power vested solely in Congress—this clause bars Congress from repudiating debt that it has… Read more
Abstract: Although it is readily apparent that conservatism is united in its principled hostility to modern Progressive Liberalism, it is often more difficult to pin down just what the movement stands for. Johnathan O’Neill suggests that a focus… Read more
From The Heritage Foundation, I'm Ernest Istook. Independence Day marks the proclamation of the Declaration of Independence, July 4,… Read more
Under the Articles of Confederation, all war power was vested in a Congress and the United States lacked a formal executive. This arrangement proved unworkable as America’s foreign policy and defense, deprived of executive guidance, floundered. Recognizing the need for an executive to act… Read more
From the retaliatory raids on the Barbary pirates at the turn of the 19th century to the ongoing bombing campaign in Libya, American Presidents have deployed military force several hundred times in the nation’s history. Yet Congress has declared war on only five occasions—and… Read more
This month, several individuals detained as "enemy combatants" will make their appeals for freedom to the highest court in the land. Perhaps now, more than any other time in recent memory, the eyes of the world are intensely focused… Read more
The word "justice" is on everyone's lips nowadays, and may signify almost anything. We hear the cry "Peace and Justice!" from folk who would destroy existing societies with fire and sword. Other folk fancy that perfect justice might readily be obtained by certain financial rearrangements -- as if anything in this world ever could be… Read more
The Declaration of Independence reminds us that all people have inalienable rights—among them, the right to life, liberty, and the pursuit of happiness. To secure these rights, the U.S. Constitution creates a government of the people to “establish Justice, insure domestic Tranquility, provide for the common defence, promote the general… Read more
No metaphor in American letters has had a more profound influence on law and policy than Thomas Jefferson's "wall of separation between church and state." Today, this figure of speech is accepted by many Americans as a pithy description of the constitutionally prescribed church-state arrangement, and it has become the… Read more
Currently, two of the PATRIOT Act’s key provisions are up for reauthorization by Congress. As the deadline draws nearer, it is important to re-engage on the importance of the PATRIOT Act and explain how the law helps authorities to track down terror leads and dismantle plots before the public is… Read more
In a certain sense, the Tenth Amendment—the last of the 10 amendments that make up the Bill of Rights—is but a truism that adds nothing to the original Constitution. Since the federal government only possesses those powers which are delegated to it (Article I,… Read more
The argument that original meaning should guide constitutional interpretation is nearly as old as the Constitution itself. Before there were strict constructionists, before there were judicial activists, there were originalists. In those early days, few seriously objected to the notion that the Constitution should… Read more
National defense receives unique and elevated emphasis under the Constitution. It is not “just” another duty of the federal government. Most government spending goes to purposes not mentioned in the Constitution, but defense receives not only explicit constitutional mentions but also more emphasis than any other purpose of government. … Read more
So important is the power to borrow money that it was one of the few real powers expressly delegated to the weak and ineffectual government created under the Articles of Confederation. In drafting the Constitution, the Framers recognized the importance of empowering the government… Read more
Abstract: Although the Constitution’s great structural principles of federalism and separation of powers are designed to guard against the abuse of governmental power and secure individual liberty, Congress routinely flouts these constitutional safeguards by enacting vague, overly broad, and other improper and unconstitutional criminal… Read more
With tens of millions of Americans watching, Barack Obama stood at the West Front of the U.S. Capitol on January 20,...… Read more
Few lawmakers have expressed as much outrage over President Obama’s unconstitutional "recess" appointments as Sen....… Read more
Sen. Roy Blunt (R-MO) introduced legislation to protect religious organizations from Obamacare’s overreach last...… Read more
Conservatives are often ridiculed for criticizing activist judges who fail to respect the Constitution. We are told...… Read more
Today marks President Ronald Reagan's 101st birthday. Born in Tampico, Illinois, Reagan made his journey west to Iowa...… Read more
The people of the United States ordained a Constitution of limited government. As time passes, the people have more of...… Read more
President Obama’s illegal non-recess appointments are unconstitutional and defy the process the Founding Fathers...… Read more
Certain Supreme Court cases haunt the American people. When particular issues land on the Court’s docket, some Americans...… Read more
Supporters of Ron Paul have re-launched an old ad promoting the old idea of American isolationism. “We now are a...… Read more
With Congress set to kick off its 2012 session in just a couple of weeks, now is the perfect time to consider what the...… Read more
Ronald Reagan Distinguished Fellow in Public Policy and Chairman of the Center for Legal and Judicial Studies
Visiting Fellow, B. Kenneth Simon Center for Principles and Politics
Vice President, American Studies and Director, B. Kenneth Simon Center for Principles and Politics