“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
At the ACS Blog, Erwin Chemerinsky (UCI Law School) has this critique of originalism: The Misguided Debate over Constitutional Interpretation. Dean Chemerinsky is one of the smartest and most effective writers in the constitutional law field; the argument here is so...
At Balkinization, war-powers expert Stephen Griffin (author of the outstanding Long Wars and the Constitution) argues — or at least suggests — that low-level offensive uses of military force do not require congressional approval: The Constitutionality of...
