The misapplication of the commerce clause stems from a redefinition of the word “commerce.” Mike Maharrey explains.Details
In Government by Judiciary, Raoul Berger shows that even Chief Justice John Marshall never supported the liberal interpretation of the judiciary that those who believe in living constitutionalism attribute to him.Details
In her pioneering book, History of the American Revolution, Mercy Otis Warren (1728-1814) asks why people are so willing to obey the government and answers that it is supineness, fear of resisting, and the long habit of obedience.Details
When challenged on the federal government’s constitutional authority to create welfare programs, meddle in education or run a national healthcare system, progressives will almost always appeal to the “general welfare clause.”Details
It has been 227 years since August 23, 1787, but the debates that occupied the 50 or so delegates present that day at the so-called Federal Convention in Philadelphia can still be heard in Congress today.
On that hot summer day, representatives confronted the delicate and divisive issue of state sovereignty.Details
Who decides when the federal government has acted outside of those delegated powers? Most Americans will quickly answer, “The Supreme Court, of course!” Thomas Jefferson emphatically disagreed, arguing that the states make the determination in the last resort. Jefferson pointed out the absurdity of a branch of the federal government determining the extent of the…Details