Yet another “progressive” argument for an unlimited Commerce Power doesn’t add up
the Indian Trade and Intercourse Act is simply irrelevant to the scope of the Commerce Power.
On General Welfare
by Steve Palmer, Pennsylvania Tenth Amendment Center In response to my recent essay, “The Tenth Amendment Prohibited the Living Constitution“, I received an e-mail which informed me that, †the Constitution … gives Congress the power to make all laws necessary to execute its powers, including the power to provide for the general welfare, which has [...]
Empire and Nation
John Dickinson and Richard Henry Lee on the distribution of power. Forrest McDonald sheds light…
The People vs the State
St George Tucker on the nature and structure of government – from the will of the people?
Obama Jobs Bill Defies Both the Constitution and the Supreme Court
11th Amendment. Obliterated. Rob Natelson explains
It’s Here!
This is the first book EVER to explain the legal force of the entire U.S. Constitution as it stood in December, 1791, right after adoption of the Bill of Rights.
Is it a “tax” or not a “tax”? The Original Understanding
To say that a levy is a “tax†under the Anti-Injunction Act is not to say that it is also a “tax†as the Constitution uses the word.
The Courts Should Strike Down Medicare Mandates
Even under the Supreme Court’s ultra-liberal “Spending Clause†rules, Congress went too far this time.
Judiciary Failure: Upholding Medicaid Expansion
Rob Natelson explains why the recent court ruling on Obamacare is yet another double-edged sword
Why Don’t We go Back to First Principles?
Against the affordable care act is the time-honored principle that “enough is enough.â€
Anti-Federalists, Federalists, and State Sovereignty
Regardless of their disagreements at the founding of our nation, even a perfunctory study of the participants in the historical events briefly outlined in this essay would unquestionably reveal that none of these men, from the fiercest federalist to the most ardent anti-federalist, could have anticipated the size and scope of the power wielded by the national government they once debated.
The Lost Original Meaning of the Ninth Amendment
Obscured by the contemporary assumption that the Ninth Amendment is about rights while the Tenth Amendment is about powers, the historical roots of the Ninth Amendment can be found in the state ratification convention
The Principles of Our Revolution
“a love of wealth, fostered by partial laws for enriching corporations and individuals, is allied to immorality and oppression, because it is gratified at the expense of industry, and diminishes its ability to work out national blessings.”
Opinion: SB1070 Constitutional but bad policy
Everybody knows that our immigration system is a mess, quite possibly the most screwed-up part of the federal government
The Judiciary Was Excluded From Policymaking
It is a singular fact that the most significant single piece of evidence that the Framers excluded the judiciary from policymaking—rejection of their participation in a Council of Revision of legislation—went unnoticed by bench and bar until it was called to their attention by a political scientist
Privileges or Immunities
by Raoul Berger EDITOR’S NOTE: The following is an excerpt of the book Government by Judiciary: The Transformation of the Fourteenth Amendment, Foreword by Forrest McDonald (2nd ed.) (Indianapolis: Liberty Fund, 1997). ******* No State shall . . . abridge the privileges or immunities of citizens of the United States The “privileges or immunities†clause was [...]
Does that 1798 Act Make Obamacare Constitutional?
Nope. This exchange between Tom Woods and Rob Natelson tells all…
Should We “Uncelebrate” the 4th?
The America that’s celebrated on Independence Day no longer exists…
How Pre-Revolution Pamphlets Help Show that a Key “Progressive” Constitutional Theory Is Wrong
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.
Yes, you can vote on taxes and laws in a republic!
Despite what you may have heard, allowing people to vote on taxes and other laws is completely consistent with the “republican form of government.â€
Correcting the Record on Necessary and Proper
Now, here’s the irony of the situation: Far from granting “broad authority†to Congress, the truth is that Necessary and Proper Clause grants no power at all.Â
Constitutional Powers the States have, and the Feds do not
The Constitution enumerates the power of the federal government—there are also authoritative lists of those powers reserved to the states.
Recognizing a Forgotten Founder
When bypassing those lesser-known founders, we view the past through a distorted lens. Troy Kickler gives us a view of Hugh Williamson…
