Was Elbridge Gerry the “Federal Farmer”?
New evidence supports the hypothesis that Gerry was the Federal Farmer.
Was Elbridge Gerry the “Federal Farmer”? Read More »
Who Called the Constitutional Convention? The Commonwealth of Virginia
The Virginia legislature, not Congress, called the Constitutional Convention.
Who Called the Constitutional Convention? The Commonwealth of Virginia Read More »
Defending the Founders’ Interpretation of the Constitution
Making up new ways to interpret the Constitution is unfaithful to the document. If the Founders had known people would do that, they would have written it differently.
Defending the Founders’ Interpretation of the Constitution Read More »
Direct Taxes and the Founders’ Originalism
If the Framers had believed the Constitution would be construed by any rules other than those then prevailing, they would have worded it very differently.
Direct Taxes and the Founders’ Originalism Read More »
Wealth Taxes and the Direct-Indirect Tax Controversy
A law imposing a federal wealth tax would be unconstitutional unless the projected revenue was apportioned among the states by population.
Wealth Taxes and the Direct-Indirect Tax Controversy Read More »
Clearing Up the Confusion About the Constitution’s Term “Direct Taxes”
Misunderstanding the Constitution’s term “direct tax” led the Supreme Court to erroneously uphold Obamacare. Next, it might lead to a new federal wealth tax.
Clearing Up the Confusion About the Constitution’s Term “Direct Taxes” Read More »
The Great John Marshall, Part 4
Marshall was not part of the “living constitution” project. He sought to interpret the Constitution according to “the intention of its makers.”
The Great John Marshall, Part 4 Read More »
Alexander Hamilton, Richard Hooker, and the Necessary and Proper Clause
Alexander Hamilton may have borrowed part of his Necessary and Proper Clause analysis from a famous English theologian.
Alexander Hamilton, Richard Hooker, and the Necessary and Proper Clause Read More »
The Supreme Court’s Confused Decision in Haaland v. Brackeen
The Commerce Clause part of the decision is a mess. There is no more polite way to describe it.
The Supreme Court’s Confused Decision in Haaland v. Brackeen Read More »
Justice Thomas’s Latest Dissent: The Constitution and Federal Spending
Justice Clarence Thomas frequently uses concurring and dissenting opinions to explain the Constitution’s fundamental principles.
Justice Thomas’s Latest Dissent: The Constitution and Federal Spending Read More »
The Supreme Court’s New Decision on ‘Taking Property’
The justices unanimously ruled that keeping the entire tax-sale proceeds was unconstitutional.
The Supreme Court’s New Decision on ‘Taking Property’ Read More »
The “Nondelegation” Doctrine and the Necessary and Proper Clause
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.
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