The scope of permissible delegation must be determined from the text of each power and the surrounding context. But there is no need to insert the Necessary and Proper Clause into the equation, except as a useful reminder.
The “Nondelegation” Doctrine and the Necessary and Proper Clause Read More »
For many reasons, you shouldn’t try to recreate the Constitution’s original meaning from sources arising after the Constitution was adopted.
Why Madison’s 1800 Report is Irrelevant to the Constitutional Debate Over Immigration Read More »
Morris, who put the final finish on the Constitution, was a fierce opponent of slavery.
The Founders and the Constitution, Part 10: Gouverneur Morris Read More »
The Chevron doctrine imposes an almost impossible burden on citizens challenging the power of federal agencies. The Supreme Court might reverse that.
The Supreme Court Might Curb the ‘Deep State’ by Overruling the Chevron Case Read More »
Washington influenced the Constitution’s operation far more as president than as a framer.
The Founders and the Constitution, Part 9: George Washington Read More »
Not raising the debt limit doesn’t cause default; it just forces the federal government to run a balanced budget.
Why Biden Can’t Use the 14th Amendment to Raise the Debt Ceiling Read More »
Hamilton helped get the Constitution adopted, but wanted a much stronger central government.
The Founders and the Constitution, Part 8: Alexander Hamilton Read More »
This audio corrects myths about the Founders’ attitudes toward slavery and the purpose of the “three-fifths compromise.”
Audio: No, the Constitution is not racist—and never was. Read More »
An astonishing number of Rutledge’s ideas ended up in the final Constitution.
The Founders and the Constitution, Part 7: John Rutledge Read More »
