Necessary Does not Mean Useful or Convenient
One of the most famous and important Supreme Court opinions is from the 1819 McCulloch v. Maryland case. It set the stage for massive expansion of federal power by incorrectly defining the Constitutional meaning of the word “necessary.” In its majority opinion, SCOTUS...
The Indian Commerce Clause and the ICWA
The federal government has stretched virtually every clause of the Constitution far beyond its meaning, creating more and more power for itself. This is true of the constitutional provisions relating to Native American affairs as well. People often overlook federal...
Patrick Henry Warns of “Dangerous and Destructive” Treaty Powers
Anti-Federalists generally worried that the Constitution would give the general government too much power. One area that caused concern was the power to make treaties. Patrick Henry addressed this issue in speeches during the Virginia ratifying convention. Under the...