“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.”
Last month’s installment covered the first three parts of Section 1 of the 14th Amendment—the Citizenship Clause, Privileges or Immunities Clause, and Due Process Clause. This installment addresses the remainder of Section 1 as well as Sections 2 through 5....
Past installments in the “Understanding the Constitution” series have focused mostly on the original, un-amended document. This two-part essay is a primer on the longest amendment ever adopted—the 14th. Some say it’s the most important amendment, because it empowered...
America isn’t in trouble because of Joe Biden. America isn’t in trouble because of Alexandria Ocasio-Cortez and “The Squad.” America is in trouble because of the so-called “incorporation doctrine.” This makes every political issue...
In a previous Constitution 101 post, I established that the Bill of Rights was not originally intended to apply to the states. But lawyers and other supporters of federal courts policing rights at the state and local level will point to the 14th Amendment. They argue...
During the COVID-19 epidemic, state and local governments have restricted greatly the freedom of citizens to travel from one place to another. As I have pointed out, many of these restrictions violate modern constitutional law. The Supreme Court characterizes the...
A case recently decided by the U.S. Supreme Court once again reveals the inherent danger of placing virtually unlimited authority in the federal judiciary and centralizing decision making for 50 sovereign states and over 325 million people in the hands of nine...