10th Amendment
Why the Tenth Amendment Should Trump Trump if You Want Liberty
President Trump claimed “total authority” over when the country would “open for business” and end the coronavirus shutdown. Trump said, “The president of the United States calls the shots,” and claimed the state governors “can’t do...
The Tenth Amendment is Always the Right Answer
I’ve been told that law students prepping for the Bar Exam are told that if the Tenth Amendment is ever among the answers on a multiple-choice question, they can immediately rule it out. Future lawyers are told the Tenth Amendment is never the “right”...
On the Omission of the Term “Expressly” from the Tenth Amendment
In his recent review of Lawrence Lessig’s new book, “Fidelity and Constraint,” Georgetown law professor John Mikhail takes issue with Lessig’s account of the New Deal. Mikhail rejects Lessig’s implied suggestion that the New Deal Court departed from the original...
Trump Administration Shows Disdain for 10th Amendment Over Marijuana
by Ryan McMaken, Mises Institute In the days following the 2016 election, there were already worrying signs that the Trump administration didn’t merely view the War on Drugs as a useful source of rhetoric to please some Conservatives. With the appointment of...