Every so often I’m asked whether the Founders anticipated judicial review. In other words, whether the Founders expected the courts […]
Did the Founders expect the Courts to Declare Laws Unconstitutional? Read More »
The meaning of some of the Constitution’s 18th century terminology was lost during the 19th century, leading to widespread misunderstanding.
The Great Forgetting Read More »
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 »
As Tom Woods points out on his blog, advocates of Obamacare have dug up a 1798 federal statute that, they
Behind the current constitutional debates over ObamaCare, there is an assumption that Congress has power to regulate health insurance as
Is health insurance “Commerce among the States?” Read More »
Commentators and journalists sometimes describe the current U.S. Supreme Court as “conservative.” But that’s not true if your definition of
Supreme Court’s New First Amendment Decision Unrelated to the First Amendment Read More »
Congress’s power to “define and punish . . . Offenses against the Law of Nations” included authority to “define” immigration rules and “punish” those who violated them.
Does the Constitution really give Congress power over immigration? Read More »
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,
Airport searches and the Fourth Amendment Read More »
