“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.”
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”...
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...
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...
Mr. Trump, These days, a lot of people have been asking the Tenth Amendment Center to attack you, and it would be very popular to do so. On the other hand, a lot of people have been asking us to support you, and it would also be very popular to do so. But, we’re not...
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...
This is the second of a three-part series examining the Virginia Ratifying Convention that took place between June 2-27, 1788. As the convention progressed, the discussion turned to freedom of religion, a concept which had played a pivotal role in the development of...