federal regulation of immigration is a power both Thomas Jefferson and James Madison maintained was “no where delegated to the federal government.”
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His speech is a stinging refutation to all those who claim the clause empowers the federal government to spend money for anything and everything
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Some people want to blame the intrusive, overreaching federal government we have today on the Constitution.
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This claim is fundamentally misconceived on two counts
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even if the President has a constitutional duty to act in good faith (as I believe), I think Congress imposing a statutory obligation of good faith through criminal law (at least on a sitting President) is problematic.
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It’ significant because their willingness to make a purely originalist argument here substantially undercuts the three leading criticisms of originalism heard for example during the Gorsuch hearings
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The president is not a king. He took an oath to uphold the Constitution. That includes the rule of law.
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The Constitution created a federal government with powers that, as James Madison said, were “few and defined.” Yet today the feds have their paws in almost every pocket of American life. How did that happen? One reason is that if you don’t know much about the Constitution’s language, you can misread those “few and defined…
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The ratification proceedings in Vermont, terminating with that state’s adoption of the Constitution on January 10, 1791, mostly corroborate, rather than contradict, earlier evidence.
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New Hampshire was a small state, but its ratification was significant.
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On May 14, 1787, delegates from the several states convened in Philadelphia, forming a convention with the initial aim of proposing amendments to the Articles of Confederation.
DetailsIf you want to apply the Founders’ own rules of interpretation to the Constitution, the understanding of the ratifiers is most important.
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The Constitution. Every issue, every time. No exceptions, no excuses.
