Are Obama's Recess Appointments Constitutional?
Run Time: 0:19:00 Play NowMP3 05/14/13
Professor Rob Natelson discusses the recent controversy over President Obama's recess appointments. Rob has studied the founding era documents and has come to a conclusion he shares with iVoices, his blog audience, and in a paper recently published by the Harvard Journal of Law and Public Policy.
Rob Natelson Constitution
Constitutional History of the 2nd Amendment
Run Time: 0:20:35 Play NowMP3 04/18/13
Professor Rob Natelson digs into the constitutional history of the Second Amendment. What did the founders have in mind when they used the specific words found in the Second Amendment? What would they think of today's gun controls?
Rob Natelson Constitution
Layman's Guide to Article V
Run Time: 0:23:03 Play NowMP3 02/11/13
Professor Rob Natelson gives listeners a great way to communicate the ideas of an Article V convention for proposing amendments. He's created a 2-page flyer that gives the basics in hopes that people will spread the word.
Rob Natelson Constitution
The SCOTUS is "Conservative?" Really?
Run Time: 0:15:34 Play NowMP3 01/24/13
There are claims on both sides of the aisle that our Supreme Court is "conservative" or "leans right wing." Some, like the New York Times, go so far as to call the SCOTUS extreme right wing. Professor Rob Natelson disagrees with the idea that the court is conservative at all. If anything, Rob believes the court is moderate or centrist. Certainly not right of center.
Rob Natelson Constitution
Get Rid of the Constitution?
Run Time: 0:15:49 Play NowMP3 01/10/13
A Georgetown University Law professor is the latest in a line of "expert" opinion denouncing the US Constitution. Why is the Constitution still relevant? Weren't the Founders all slave owning hypocrites? Isn't the language in the Constitution too broad to have any real meaning? Professor Rob Natelson addresses these common concerns about our founding documents.
Rob Natelson, Justin Longo Constitution
Why the Fiscal Cliff Negotiation Was Unconstitutional
Run Time: 0:22:25 Play NowMP3 01/04/13
First, Professor Rob Natelson guides us through a couple "did you know" facts about the Constitution and the Founders. Second, Rob explains why the so-called fiscal cliff deal was not only bad policy, but also explicitly unconstitutional.
Rob Natelson, Justin Longo Constitution
Do States Have a Right to Secede?
Run Time: 0:21:12 Play NowMP3 12/20/12
There's been a lot of talk about secession lately. Lots of people have signed petitions for their states to secede. But is secession Constitutional? Professor Rob Natelson sits down to discuss what the Founders thought of secession.
Rob Natelson Constitution
Is Federal Tort Reform Constitutional?
Run Time: 0:18:44 Play NowMP3 11/28/12
Would the Founders approve of federally mandated tort reform? Many conservatives believe so, but Professor Rob Natelson disagrees. Rob presents evidence that the Founders did not believe tort reform should come from the federal level but rather, that states should handle torts within their boundaries.
Rob Natelson, Justin Longo Constitution
Montana's Experience with Campaign Finance Reform
Run Time: 0:23:45 Play NowMP3 11/08/12
Professor Rob Natelson explains Montana's foray into campaign finance reform. Our neighbors to the North have a history with restricting speech during elections that Colorado should heed when considering Amendment 65 this November.
Rob Natelson, Justin Longo Constitution
Why Citizen Votes Don't Violate Guarantee Clause
Run Time: 0:19:09 Play NowMP3 11/02/12
Professor Rob Natelson discusses his new Issue Paper on why citizen votes and input on tax policy and law do not violate the Constitution's Guarantee Clause. This issue is particularly relevant to Colorado as TABOR finds itself in court.
Rob Natelson, Justin Longo Constitution
Who is Founding Father Oliver Ellsworth?
Run Time: 0:18:59 Play NowMP3 09/26/12
Professor Rob Natelson discusses the importance of a founding father who mostly stays under the radar: Oliver Ellsworth. Like the other founders, Ellsworth wrote impressive essays on the Constitution and urged its passing. Learn more about this mostly forgotten founder here.
Rob Natelson Constitution
Going Beyond the Federalist Papers
Run Time: 0:20:48 Play NowMP3 09/13/12
Professor Rob Natelson discusses some materials the interested reader can explore if they want to go beyond just the text of the Constitution and the Federalist Papers.
Rob Natelson Constitution
TABOR on Trial
Run Time: 0:21:02 Play NowMP3 08/14/12
Professor Rob Natelson sits down to discuss the lawsuit against Colorado's Taxpayers Bill of Rights (TABOR). A federal court judge recently found the lawsuit to be "justiciable." That means that the case will move forward. Rob believes Judge Martinez should not have found the suit justiciable. Listen to find out why.
Rob Natelson, Justin Longo Constitution
Colonial Pamphlet Sheds Light on "Necessary"
Run Time: 0:17:24 Play NowMP3 07/17/12
Josiah Quincy Jr. was an extremely intelligent young lawyer when he wrote pamphlets in defense of the colonies' rights. In one particular writing, Josiah makes mention of what is "necessary" for the town of Boston to do in a certain situation. Specifically, Josiah makes it clear exactly what Boston cannot do that would be "necessary." This helps make clear what the word "necessary" means in context of the Constitution's Necessary and Proper clause.
Rob Natelson, Justin Longo Constitution
SCOTUS ObamaCare Decision: Ilya Somin's Analysis
Run Time: 0:28:31 Play NowMP3 06/29/12
Professor Ilya Somin of George Mason University joins Dave Kopel to talk about the SCOTUS ObamaCare decision just a few hours after they released their opinions.
Dave Kopel Constitution
Why ObamaCare's Penalty is Not a Tax
Run Time: 0:26:54 Play NowMP3 06/29/12
Professor Rob Natelson sits down to discuss the two main reasons why the argument that paying the penalty for not buying health insurance is a tax is faulty. Rob makes the case that the penalty is not a tax in the way the founders used the word "tax."
Rob Natelson Constitution
How the Feds Screw Up Real Estate
Run Time: 0:20:25 Play NowMP3 06/05/12
Professor Rob Natelson joins us to discuss how the federal government meddles in affairs of property and local real estate. Rob points out that not only is it unconstitutional, but also a matter of bad public policy.
Rob Natelson, Justin Longo Constitution
Student Loan Crisis! Who's to Blame?
Run Time: 0:23:48 Play NowMP3 05/16/12
Students today are up to their eyeballs in debt. College loans can easily surpass the 6-figure mark and can take a lifetime to pay off. Who is to blame for this situation? Is it the greedy private colleges? Is it Congress? Is it just plain old politics as usual? Professor Rob Natelson weighs in on the student loan mess with Justin Longo
Rob Natelson, Justin Longo Constitution
What Did the Founders Think of Judicial Review?
Run Time: 0:11:12 Play NowMP3 04/20/12
Some contend that the Founders frowned upon the courts striking down laws as unconstitutional. Some believe that the process of judicial review started with Chief Justice Marshall's decision in Marbury v. Madison. Professor Rob Natelson explains the rich history of judicial review and what the Founders really thought about it.
Rob Natelson, Justin Constitution
Obamacare Amicus Part 2: Individual Mandate
Run Time: 0:32:40 Play NowMP3 03/12/12
Co-authors of the Independence Institute amicus brief on Obamacare's individual mandate, Rob Natelson and Dave Kopel, explain why the individual mandate found in the health control law is unconstitutional according to founding era history and modern Supreme Court doctrine.
Rob Natelson, Dave Kopel Constitution
Obamacare Amicus Part 1: Medicaid Mandate
Run Time: 0:25:41 Play NowMP3 03/12/12
Co-authors of the Independence Institute amicus brief on Obamacare's Medicaid mandate, Rob Natelson and Dave Kopel, explain why the Medicaid mandate found in the health control law is unconstitutional according to founding era history and modern Supreme Court doctrine.
Rob Natelson, Dave Kopel Constitution
The Great Forgetting
Run Time: 0:20:09 Play NowMP3 03/02/12
Constitutional law scholar Rob Natelson has coined the phrase, "the great forgetting" to describe the disconnect between the 18th century Founders and the 19th century folks who came after them. It didn't take long for the next century's interpretations of the founding era became distorted with misconceptions. Listen to Rob explain the great forgetting and how we can avoid succumbing to its consequences.
Rob Natelson, Justin Longo Constitution
Is the NDAA Constitutional?
Run Time: 0:22:00 Play NowMP3 02/14/12
Professor Rob Natelson sits down to explain that the provisions of the NDAA authorizing indefinite detention of U.S. citizens without trial is unconstitutional. He draws on the history of the Writ of Habeas Corpus and our founding to reveal that indefinitely detaining citizens is contrary to Constitution's guidelines for the accused.
Rob Natelson, Justin Longo Constitution
The Left's Obsession with Citizens United
Run Time: 0:23:58 Play NowMP3 01/27/12
Professor Rob Natelson joins us to discuss the Left's obsession with the Citizens United ruling that came down a couple years ago. They are still not over the fact that in this case, the Supreme Court decided to rule in favor of free speech in the political process. In particular, Sen. Bernie Sanders is on a mission to rip as much money and speech from politics as he can in a new bill this legislative session. Rob explains the importance of free speech in politics and why the Citizens United decision will be expanded, if anything, in the upcoming years.
Rob Natelson, Justin Longo Constitution
How to Interpret the Founding Documents?
Run Time: 0:20:05 Play NowMP3 12/21/11
It's an age old question: how do we interpret our founding documents, like our U.S. Constitution? We've heard terms like, "original intent," "original understanding," and "original meaning." But do any of those interpretive strategies work better than others? Rob Natelson gives his take on how to interpret our founders' words and what to do when meaning isn't entirely clear.
Rob Natelson, Justin Longo Constitution
Tea Party Smear: Vanity Fair Gets It Wrong
Run Time: 0:21:58 Play NowMP3 12/06/11
Here we go again. The Left's latest attempt to defame the Tea Party movement appears in the latest issue of Vanity Fair magazine. In the article, "Debt and Dumb," the authors distort the founding era record to further their big government agenda and vilify Tea Partiers. Rob Natelson sets the record straight here.
Rob Natelson, Justin Longo Constitution
Judicial Federalism and Federal Malpractice Reform
Run Time: 0:22:41 Play NowMP3 11/29/11
Leaving civil justice and the law to the states has a rich history. Our founders believed local control of the law was paramount in proper governance. Along with "no taxation without representation" were cries for "leave our justice alone!" Today, judicial federalism is a state concern, with states arguing for judicial autonomy. Republican legislation like H.R.5 threaten judicial federalism. Listen to Professor Rob Natelson explain how this current example of federal medical malpractice reform (H.R.5) tramples on the idea of states' rights as it pertains to the law and civil justice.
Rob Natelson, Justin Longo Constitution
How the Feds Took Control Over the Indians Lives
Run Time: 0:15:56 Play NowMP3 11/07/11
Professor Rob Natelson discusses how Congress overstepped its authority and took control over Indian affairs in the 18th and 19th centuries. A once sovereign people, American Indians now suffer from tremendous dependency on Washington, DC. How did this happen? What can be done about it?
Rob Natelson, Justin Longo Constitution
Another Argument in Favor of an Unlimited Commerce Power
Run Time: 0:17:50 Play NowMP3 11/01/11
Here we go again. Progressives keep inventing ways to justify an unlimited Commerce Power, and Professor Rob Natelson keeps shooting them down. This one involves a 1790 treaty dealing with the Indian tribes. Listen to Rob explain why this attempt fails miserably.
Rob Natelson, Justin Longo Constitution
Yes, You and Patrick Henry Got Picked On Similarly
Run Time: 0:17:08 Play NowMP3 10/21/11
Those sympathetic to the British Crown spent a lot of time hurling insults and demonizing the American Patriots of the 18th century. Today many on the left, sympathetic to the centralization of power in Washington, DC hurl insults at the modern day Tea Party. Listen to Professor Rob Natelson explain the similarities in sentiment between the attacks in the 18th century and now. Take pride Tea Parties, if Patrick Henry could take it, so can you.
Rob Natelson, Justin Longo Constitution
The Original Constitution Book, 2nd Edition
Run Time: 0:19:36 Play NowMP3 09/27/11
Professor Rob Natelson discusses the brand new 2nd edition of his book, The Original Constitution: What It Actually Said and Meant. Learn about this new edition and why it's even better than the first copy.
Rob Natelson, Justin Longo Constitution
Early History of Article V Conventions
Run Time: 0:20:31 Play NowMP3 09/21/11
Professor Rob Natelson discusses his new Issue Paper on the history of Article V conventions "for proposing amendments." He talks about 4 specific examples of when the process was kicked into action and what ended up happening thereafter.
Rob Natelson, Justin Longo Constitution
What Did the Founders Mean by the Word "Tax?"
Run Time: 0:20:13 Play NowMP3 09/15/11
Rob Natelson explains the original understanding of the word tax as it appears in our Constitution. Is Obamacare's penalty for not buying health insurance really a tax? Professor Natelson explains why it is not.
Rob Natelson, Justin Longo Constitution
Unconstitutionality of Obamacare: Medicaid Ruling
Run Time: 0:26:29 Play NowMP3 09/01/11
Rob Natelson and Justin Longo discuss the constitutionality of the Medicaid portion of Obamacare. The US Court of Appeals for the 11th Circuit recently struck down Obamacare's individual mandate, but the court upheld the Medicaid mandates. This podcast shows why the latter part of the holding was wrong: The Medicaid mandates are just as unconstitutional as the individual mandates, and the Supreme Court should void them.
Rob Natelson, Justin Longo Constitution
Conventions for Proposing Amendments Explained
Run Time: 0:26:11 Play NowMP3 08/10/11
After 2 years of research digging into the Founding era historical record, Rob Natelson has written an in-depth account of Article V Conventions, also known as Conventions for Proposing Amendments. These meetings are the answer to our runaway Congress says Rob. Listen here to find out more about this vital check on our federal government's ever expanding power.
Rob Natelson, Justin Longo Constitution
Can the President Raise the Debt Ceiling Unilaterally?
Run Time: 0:15:57 Play NowMP3 08/01/11
Some are advancing the idea that President Obama can raise the debt ceiling all by himself. Professor Rob Natelson does not agree. Here he presents the constitutional case against the President's power to pull the purse strings.
Rob Natelson, Justin Longo Constitution
The Constitutional Mistakes of "Cut, Cap, and Balance"
Run Time: 0:23:25 Play NowMP3 07/28/11
With the debt ceiling debate raging and the Aug. 2nd "deadline" looming, some fiscal conservatives advanced legislation based on a plan to "cut, cap, and balance" our federal budget. Although well-intentioned, this piece of legislation suffers from a few very real constitutional mistakes. Professor Rob Natelson joins us to identify where Cut, Cap, and Balance went wrong.
Rob Natelson, Justin Longo Constitution
Who Was the Real Chief Justice John Marshall?
Run Time: 0:25:02 Play NowMP3 07/20/11
Professor Rob Natelson discusses the greatly misunderstood and longest serving Chief Justice in our nation's history, John Marshall. Many seem to believe that Marshall was a progressive judicial activist, but Rob disagrees. Listen to discover the real Chief Justice Marshall.
Rob Natelson, Justin Longo Constitution
4 Point Test for a Federal Amendment
Run Time: 0:17:57 Play NowMP3 07/14/11
Professor Rob Natelson explains his 4 point test for drafting and passing a successful Article V Federal amendment to rein in Congress. For an illustration, Rob uses a balanced budget amendment.
Rob Natelson, Justin Longo Constitution
New Evidence for Obamacare's Constitutionality?
Run Time: 0:22:23 Play NowMP3 07/07/11
Rob Natelson takes on some new evidence that supposedly supports the idea that Obamacare is constitutional. The evidence stems from a piece of legislation from 1798 called the "Act for the Relief of Sick and Disabled Seamen." Hear Rob explain why this is in fact no evidence at all.
Rob Natelson, Justin Longo Constitution
Time Mag Editor Gets the Constitution Wrong
Run Time: 0:17:38 Play NowMP3 06/29/11
Time Magazine's cover article this month by editor Richard Stengel is replete with inaccuracies and illogical statements. Professor Rob Natelson deconstructed the article in a blog post and discusses some of the worst offenses for iVoices.
Rob Natelson Constitution
Victory for the 10th Amendment
Run Time: 0:17:24 Play NowMP3 06/23/11
The 10th Amendment recently enjoyed a Supreme Court victory, but as Professor Rob Natelson explains, this victory illuminates a common misunderstanding about the 10th Amendment often found among conservatives.
Rob Natelson, Justin Longo Constitution
What Pre-Revolution Pamphlets Tell Us About our Constitution
Run Time: 0:21:00 Play NowMP3 06/16/11
Professor Rob Natelson joins us again to talk about the most influential pre-Revolutionary War pamphlets and pamphleteers and what they can teach us about our Constitution.
Rob Natelson, Justin Longo Constitution
Neither Necessary Nor Proper Amicus Brief
Run Time: 0:32:59 Play NowMP3 06/02/11
Rob Natelson and Dave Kopel discuss their amicus brief taking on the latest constitutional justification for ObamaCare - the Necessary and Proper Clause.
Dave Kopel, Rob Natelson Constitution
Does TABOR Violate the US Constitution?
Run Time: 0:24:11 Play NowMP3 05/31/11
Professor Rob Natelson discusses what the Founders meant they spoke of a "Republican" form of government. Does TABOR violate the ideals of our Republic?
Rob Natelson, Justin Longo Constitution
What Power Does the Necessary and Proper Clause Grant?
Run Time: 0:18:25 Play NowMP3 05/23/11
Trick question! The Necessary and Proper Clause does not grant any power says Professor Rob Natelson. Listen to this podcast to hear why!
Rob Natelson, Justin Longo Constitution
Exclusive States' Rights
Run Time: 0:14:03 Play NowMP3 05/16/11
Part of the compromise between the pro-constitution federalists and the anti-federalists were several lists that represented "untouchable" rights the states would hold that the federal government could never, ever infringe upon. Professor Rob Natelson talks about these representations and what they mean today.
Rob Natelson, Justin Longo Constitution
The Importance of Being "Natural Born"
Run Time: 0:16:16 Play NowMP3 05/05/11
With all the hoopla over Obama's birthplace finally (hopefully) coming to an end with the release of his long form birth certificate, Rob Natelson wanted to explain why the Founders believed it was important to have qualifications for holding seats in Congress and ultimately, the presidency.
Rob Natelson, Justin Longo Constitution
The Changing Defense of ObamaCare's Constitutionality
Run Time: 0:39:14 Play NowMP3 04/20/11
Dave Kopel sits down with Cato Institute law scholar Ilya Shapiro to discuss how the defense of ObamaCare's constitutionality has changed over time. Ilya describes his journey across the country the last year or so debating various law professors and scholars on ObamaCare. If there's a defense for ObamaCare, he's heard it - and refuted it.
Dave Kopel Constitution
Control the State Courts: The Next Federal Takeover
Run Time: 0:15:59 Play NowMP3 04/12/11
In the name of medical malpractice reform, many Republicans have signed onto a blatantly unconstitutional bill that attempts to exercise federal control over state courts. Listen to Professor Rob Natelson explain why this bill, H.R. 5, is just another federal government takeover.
Rob Natelson, Justin Longo Constitution
Is Our Libya Involvement Unconstitutional?
Run Time: 0:16:50 Play NowMP3 03/25/11
Professor Rob Natelson believes so. In this podcast he outlines why he believes the US involvement in Libya is unconstitutional, despite any ostensible good intentions.
Rob Natelson, Justin Longo Constitution
Did the Founders Protect Property Rights via the Constitution?
Run Time: 0:11:44 Play NowMP3 03/23/11
There are many today who claim that the founders cared very little about property rights, only invoking the term once in our Constitution. Professor Rob Natelson disagrees, and lays out the argument that the founders did indeed protect our property rights through the Constitution.
Rob Natelson, Justin Longo Constitution
The Continual Misapplication of the First Amendment
Run Time: 0:21:39 Play NowMP3 03/15/11
In the light of the recent Westboro Baptist Church Supreme Court ruling, why does the First Amendment continually get invoked for these decisions? Professor Rob Natelson disagrees with the court's reasoning in their decision, and explains why in this podcast.
Rob Natelson, Justin Longo Constitution
Article V Convention Wrap-Up: Practical Advice
Run Time: 0:29:33 Play NowMP3 03/03/11
We've done quite a few podcasts on the Article V Convention. This one sums up the topic with practice guidance and recommendations from Professor Rob Natelson.
Rob Natelson, Justin Longo Constitution
What in the Constitution Gives Authority to Congress to Spend Our Money? part 2
Run Time: 0:24:06 Play NowMP3 02/21/11
In part 2 of this podcast series, Rob Natelson dives into where it all went wrong. How did Congress find the power to spend more and more of our money for things never granted in our Constitution?
Rob Natelson, Justin Longo Constitution
What in the Constitution Gives Authority to Congress to Spend Our Money? part 1
Run Time: 0:12:32 Play NowMP3 02/10/11
There are a few places in the Constitution that grants Congress the implicit authority to spend our money. What are they and where can they be found? Professor Rob Natelson explains in part 1 of this 2 part podcast series.
Rob Natelson, Justin Longo Constitution
Election Law and the Election Clause, part 2
Run Time: 0:20:07 Play NowMP3 02/02/11
In second part of our two part series, Rob and Justin analyze Article 1, Section 4 of the Constitution. They talk about the vehement arguments surrounding the clause between the federalists and anti-federalists. Also, how is the clause applied in today's world.
Rob Natelson, Justin Longo Constitution
Election Law and the Election Clause, part 1
Run Time: 0:15:45 Play NowMP3 01/25/11
In this first part of our two part series, Rob and Justin analyze Article 1, Section 4 of the Constitution. This clause outlines the election powers of Congress. What did the original meaning have to say about Congress' ability to regulate congressional elections among the states.
Rob Natelson, Justin Longo Constitution
Was James Madison Against a Convention for Proposing Amendments?
Run Time: 0:13:51 Play NowMP3 01/21/11
There is an argument being made that James Madison was in fact against an Article V convention - a convention for proposing amendments. Rob Natelson explains why this claim is unfounded by looking at the context of the letter in question - written by Madison in 1788.
Rob Natelson, Justin Longo Constitution
How to Interpret the Constitution
Run Time: 0:16:40 Play NowMP3 01/04/11
At first glance, our U.S. Constitution seems pretty straightforward. However, Professor Rob Natelson makes the point that the words and phrases in our constitution have very specific meanings in the context of 18th century law. It's not as clear cut as you might imagine.
Rob Natelson, Justin Longo Constitution
Was Philadelphia in 1787 a Runaway?
Run Time: 0:20:53 Play NowMP3 12/01/10
You've heard it many times before. It's a claim that almost seems common knowledge these days - that the Constitutional convention in Philadelphia in 1787 was a runaway convention that far exceeded the authority it was granted. Professor Rob Natelson shares insights and evidence that this is not the case. Listen here and you be the judge.
Rob Natelson, Justin Longo Constitution
Constitutionally, what does the word "commerce" mean?
Run Time: 0:17:42 Play NowMP3 11/10/10
The Commerce power granted to Congress via the Commerce Clause has been invoked to justify ObamaCare's constitutionality. In order to do this, scholars have had to bend the word "commerce" to mean a whole lot of things it does not mean, ironically including the meaning of NOT engaging in commerce. Professor Rob Natelson discusses the case for the word commerce simply meaning "trade within the several states."
Rob Natelson, Justin Longo Constitution