An advocate of vast congressional power takes quotes out of context, misrepresents what others say, and makes historical errors
A Preliminary Response to Prof. Ablavsky’s “Indian Commerce Clause” Attack Read More »
The Constitution does not give Congress authority to regulate the adoption of children.
Indian Child Welfare Act: Another case of Congress’s overreach goes to the Supreme Court Read More »
There is no Supreme Court authority higher than [Chief Justice] Marshall, and he himself told us that “health laws of every description” are matters for determination by the states.
Mr. President, Do the right thing: End the unconstitutional vaccination mandate Read More »
[S]etting minimum consumption ages is not a power the Constitution grants the federal government. The Constitution reserves it to the states.
Where were all the Constitution’s defenders when the feds raised the smoking age? Read More »
The three recently-issued Pennsylvania volumes . . . offer virtually no support to the commerce-is-everything school of thought. On the contrary, in the documents reproduced in this volumes “commerce” clearly refers to a concept separate from other economic and non-economic activities.
New evidence on the “Power To . . . regulate . . . Commerce” Read More »
The statute is based on an overly-expansive definition of congressional power . . . But no member of the court wrote a concurring opinion to point that out . . .
First decision of the Supreme Court Term: a unanimous liberal result Read More »
New Hampshire was, and is, quite a small state, but its ratification was particularly significant.
New information on the Constitution’s ratification — Part III: Vermont Read More »
New Hampshire was, and is, quite a small state, but its ratification was particularly significant.
New information on the Constitution’s ratification — Part II: New Hampshire Read More »
This column also appears at CNSNews. The Constitution enumerates the powers of the federal government. But has anyone listed the
Evidence on the Powers the Constitution Leaves Exclusively to the States Read More »
Note: This article was first published at cns news. There is a common media myth that the current U.S. Supreme
More Evidence From Last Term That It’s Not a “Conservative Supreme Court” Read More »
Are you interested in the true meaning of, and limits on, the Constitution’s much-abused Commerce Power? In a speech at
The Meaning of the Commerce Power and Congress’s and the Courts’ Use (And Abuse) Of It Read More »
Anyone interested in the constitutional debate over the “Affordable Care Act” should pick up a copy of the new book,
How a Conspiracy Cracked a Monopoly Read More »
