The greatly misunderstood Chief Justice John Marshall
One of the most enduring myths in American constitutional history is that Chief Justice John Marshall was a judicial activist […]
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Reining in Congress: An Enforceable Balanced Budget Amendment
There is growing sentiment that one or more constitutional amendments may be necessary to rein in the runaway Congress. The
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The 1798 “Act for the Relief of Sick and Disabled Seamen:” Yet another “progessive” irrelevancy
As Tom Woods points out on his blog, advocates of Obamacare have dug up a 1798 federal statute that, they
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
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A Victory for the Tenth Amendment in the Supreme Court
Two years ago, I posted an item on the Tenth Amendment Center website entitled, “It’s the People’s Right.” My point
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More evidence the Constitution limited federal power
In my last post I showed how pre-Revolutionary colonial pamphlets espousing the American cause tend to rebut a favorite theory
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How Pre-Revolution Pamphlets Help Show that a Key “Progressive” Constitutional Theory Is Wrong
Writers on the Constitution frequently overlook valuable aids to interpreting the document. I previously have mentioned the example of eighteenth-century
Obamacare is NOT “necessary and proper”
The Independence Institute has filed amicus briefs in two of the anti-Obamacare cases. The briefs focus specifically on the Necessary
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Yes, you can vote on taxes and laws in a republic!
Despite what you may have heard, allowing people to vote on taxes and other laws is completely consistent with the
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GOP blocks Liu from federal judgeship
There has been much attention recently on the Republican decision to block President Obama’s nomination of law professor Goodwin Liu
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Does the Necessary and Proper Clause Grant “Broad Authority” to Congress? Actually, None at All
Probably no part of the Constitution has been so misunderstood as the Necessary and Proper Clause, which is located at
What about Interstate Compacts? A frank look at the problems
In recent months, there has been interest in states forming compacts with each other to opt out of ObamaCare or
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