Lately, I have been exploring the original meaning of the Fourth Amendment, which I am finding to be a fascinating subject. The text of the Fourth Amendment is filled with significant interpretive questions.
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The website adopts many claims that are problematic from an originalist perspective.
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It is often said that most of the rules that are enforced at the federal level have not been enacted by Congress, but by administrative agencies.
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Claiming that the federal government possesses an immigration power through an inherent attribute of sovereignty is a stake in the heart of the enumerated powers and the Tenth Amendment.
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We live in a world where an increasing number of things that are supposed to be done by the Congress are done by the executive.
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If an originalist were seeking to interpret a constitutional term, then the originalist would look to the meanings that existed at the time of the Constitution.
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One of the key cases in modern Constitutional Law is Korematsu v. United States, where the Supreme Court held that the exclusion of Japanese citizens from large parts of the West Coast was constitutional.
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One of the key arguments made by constitutional nationalists is that the Constitution provides that “We the People of the United States . . . do ordain and establish this Constitution.” The idea is that a single people throughout the country as a whole established the Constitution and therefore sovereignty resides at the national level in that people.
DetailsThe issues raised by National Labor Relations Board v. Noel Canning, which provides the Supreme Court with its first opportunity to interpret the Recess Appointments Clause, are easy to misinterpret.
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The Constitution. Every issue, every time. No exceptions, no excuses.
