How the Constitution’s Contracts Clause Was Gutted
And How the Supreme Court’s Early Efforts to Correct The Situation Have Been Ignored The Constitution lists several things states may not do. Article I, Section 10 provides that “No State shall . . . pass any . . . law impairing the Obligation of Contracts.” This...
Almost Orwellian
“Almost Orwellian” — that’s the description a federal judge gave earlier this week to the massive spying by the National Security Agency (NSA) on virtually all 380 million cellphones in the United States. In the first meaningful and jurisdictionally...
The Meaning of the Commerce Power and Congress’s and the Courts’ Use (And Abuse) Of It
Are you interested in the true meaning of, and limits on, the Constitution’s much-abused Commerce Power? In a speech at the University of Utah in Salt Lake City on November 19, 2013, I outlined the intended scope of the power, how I reached my conclusions, and how the...