On the Omission of the Term “Expressly” from the Tenth Amendment
In his recent review of Lawrence Lessig’s new book, “Fidelity and Constraint,” Georgetown law professor John Mikhail takes issue with Lessig’s account of the New Deal. Mikhail rejects Lessig’s implied suggestion that the New Deal Court departed from the original...
A Brief History of the Tenth Amendment
Excerpted from the paper, “James Madison’s Celebrated Report of 1800: The Transformation of the Tenth Amendment” The historical precursor to the Tenth Amendment was Article II of the Articles of Confederation, which declared that, “Each state retains its...
The Original Meaning of an Omission
Editor’s Note: This scholarly study, “The Original Meaning of an Omission: The Tenth Amendment, Popular Sovereignty and “Expressly” Delegated Power,” by Kurt T. Lash, is one of the finest examples of Tenth Amendment research available. It...