“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.”
Constitutions don’t enforce themselves. That’s why James Madison called them “parchment barriers.” While there are plenty of examples of this at the federal level, it’s worth looking at a situation at the state level that perhaps demonstrates this...
Many people use the general welfare clause as their “the federal government can do anything and everything clause.” Others have turned the phrase “provide for the common defense” into a similar justification for federal overreach. Progressives tend to invoke the...
The founding generation created a political system that carefully divided powers and that was designed to ensure the general government remained limited in its scope and power. That system has all but vanished, but two oft-ignored and misunderstood provisions in the...
Generally, Americans treat the Ninth Amendment like the Bill of Rights’ unwanted stepchild. They mostly ignore it, and when they do talk about it, they often misunderstand it. In reality, the Ninth Amendment serves a very simple but crucial purpose. It expands the...
Previously I’ve examined what the phrase “bear arms” meant in the Second Amendment. The evidence makes it obviously clear it referenced both military and civilian use of weapons. But what did the word “arms” mean at the time? Today the word “arms” refers collectively...
Famously, President Thomas Jefferson’s first inaugural address articulated his philosophical manifesto: “Peace, commerce, and friendship with all nations – entangling alliances with none.” These basic maxims were stressed repeatedly by Jefferson, who cherished a...