Constitution 101
The Habeas Corpus Myth
We know many things about habeas corpus. We know that it goes back to the Magna Carta and that the U.S. Constitution affirmed this bulwark of Anglo-American liberty. We know that habeas prohibits jailing people without cause, and that it remained healthy throughout...
Can Treaties Override the Constitution?
One of the most common questions posed to me when I discuss the Constitution on talk radio is “Can a treaty override the Constitution?” The question has arisen particularly in view of the pending Supreme Court case of Bond v. United States. In that case, Congress is...
The Reserved Powers of the Tenth Amendment
The Tenth Amendment can best be described as the last visible battlefield of the constitutional struggle between the forces of centralization and those of localism. But just as military advances have made nineteenth-century earthen breastworks mostly obsolete, so,...