10th Amendment
Breaking the Tenth Amendment
A lot of people want to shoehorn the Constitution into their personal notions about liberty. But the Constitution isn’t a declaration of liberty. Even so, the decentralized structure of government inherent in the Constitution as ratified does provide a framework...
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...