The Founders as Mythology
Recently when commenting on how Americans view the Founding, an associate of mine observed that in many people’s minds the Founders had become mythological rather than historical figures. That is, many people routinely ascribe ideas and actions—both good and bad, wise...
The Commerce Clause: Not a Micromanaging Tool
The commerce clause to the Constitution is one that is possibly most-often used to justify federal action. The Congress shall have Power…to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. The misapplication of the...
Even John Marshall Rejected a Liberal Construction of the Constitution
EDITOR’S NOTE: It is the thesis of Raoul Berger’s monumentally argued book, Government by Judiciary, that the United States Supreme Court – largely through abuses of the Fourteenth Amendment to the Constitution – has embarked on “a continuing...