Misusing the Post Office and Necessary and Proper Clauses to Justify the Federal Monster State
One way apologists for the modern federal monster state attempt to justify it constitutionally is to argue that the Necessary […]
The Fascinating Story of How the States Used the Constitution’s Amendment Procedure to Adopt Reform, 1789-1913
Common sense tells us that an out-of-control Congress is not going to rein in its own power. The American Founders
Want to push back against federal overreach? Arm yourself with constitutional information Sept. 30
Want to help push back against federal government overreach? Dave Kopel and I will be offering a one-time public class
Is it a “tax” or not a “tax”? The original understanding
On September 8 the U.S. Court of Appeals for the Fourth Circuit dismissed two suits challenging Obamacare without ever reaching
Is it a “tax” or not a “tax”? The original understanding Read More »
II Submits Brief Destroying Basis for Suit against Colorado’s Taxpayer Bill of Rights
The Independence Institute, through Dave Kopel as legal counsel, has submitted an amicus curiae (“friend of the court”) brief opposing
II Submits Brief Destroying Basis for Suit against Colorado’s Taxpayer Bill of Rights Read More »
The latest Obamacare case was wrong to uphold Medicaid expansion—Part II
On August 12, the U.S. Court of Appeals for the Eleventh Circuit struck down Obamacare’s mandate that individuals buy insurance,
The latest Obamacare case was wrong to uphold Medicaid expansion—Part II Read More »
The latest Obamacare case was wrong to uphold Medicaid expansion—Part I
As noted in my last post, on August 12 the U.S. Court of Appeals for the Eleventh Circuit struck down
The latest Obamacare case was wrong to uphold Medicaid expansion—Part I Read More »
Can the President Raise the Debt Limit Unilaterally? Hell no!
Some people are claiming that if Congress fails to raise the debt limit, the President can raise it himself unilaterally.
Can the President Raise the Debt Limit Unilaterally? Hell no! Read More »
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
The greatly misunderstood Chief Justice John Marshall Read More »
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
Time Mag’s Constitutional Baby Babble Read More »
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
A Victory for the Tenth Amendment in the Supreme Court Read More »