Rob Natelson has a historical gem of a story from the Anti-FederalistsDetails
It’s not just progressives who push myths about the Constitution…Details
Judge Andrew Napolitano: “A self-written search warrant, even one called a national security letter, is the ultimate constitutional farce.”Details
The Boston Pamphlet was the product of the Boston “committee of correspondence,” a group consisting of patriots such as James Otis and Sam Adams.Details
the Indian Trade and Intercourse Act is simply irrelevant to the scope of the Commerce Power.Details
In response to my recent essay, â€œThe Tenth Amendment Prohibited the Living Constitutionâ€œ, I received an e-mail which informed me that, â€ theÂ Constitution â€¦ gives Congress the power to make all laws necessary to execute its powers, including the power to provide for the general welfare, which has to include public health and safety.â€
This is definitely a very common understanding, but is it correct?Â Does the congress have the power to make all laws necessary to execute its powers, including the power to provide for the general welfare?
Letâ€™s start withÂ Article 1, Section 8, clause 1 of the US Constitution, which says,
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
In modern English, the first phrase in that clause might be paraphrased in one of two ways.Â First, by distributing the word power across each of the following phrasesâ€¦
1.) The congress shall have the power to lay and collect taxes, duties, etcâ€¦, the power to pay the debts, the power to provide for the common defense, and the power to provide for the general welfareâ€¦.
Four powers all bundled into one clause.Â Or second, by inserting the clarifying text, â€œin orderâ€â€¦Details
The Founders recognized that human activities are highly independent. Nevertheless, they made the deliberate choice to decentralize power in the interests of better government and human liberty.Details
Isnâ€™t it time that Governors and state Attorneys General stopped wasting our precious time and money playing these silly legal games, grow a spine, and actually fulfill the oath they took to support and defend the Constitution, including the Tenth Amendment?Details