Bill of Rights

You Should Barely Know the Federal Government Exists

by Mike Maharrey | Nov 29, 2020 | 10th Amendment

Thomas Jefferson called the Tenth Amendment “The foundation of the Constitution.” “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.” This tells us the...

Federalism Gets the Bird for Thanksgiving

by Suzanne Sherman | Nov 28, 2020 | Court Cases, Current Events, Incorporation Doctrine

In what many consider a Thanksgiving gift for religious liberty, the United States Supreme Court struck down occupancy limits for church gatherings in New York. The restrictions were implemented by Governor Andrew Cuomo in an attempt to thwart the spread of the...

Federal Courts Fail Again in Washington Gun Case

by Mike Maharrey | Oct 4, 2020 | 2nd Amendment, Court Cases, Incorporation Doctrine

Conservatives and libertarians often turn to the federal courts to “protect their rights” through an application of the Bill of Rights to the states. This is a bad strategy. Most of the time it fails, and we end up with bad precedents that apply to the...

The Incorporation Doctrine Has Given the Supreme Court Nearly Unlimited Power

by Mike Maharrey | Sep 30, 2020 | Incorporation Doctrine, Judiciary

The latest fight over the next Supreme Court justice and the abject hysteria on display from both sides of the political aisle reveal yet another flaw in the incorporation doctrine. It has vested Supreme Court justices with nearly unlimited power and elevated them to...

The Constitutionality of a National Bank: Hamilton vs. Jefferson

by Mike Maharrey | Sep 18, 2020 | 10th Amendment, Alexander Hamilton, Enumerated Powers, Thomas Jefferson

The First Bank of the United States was chartered for a period of 20 years by Congress on Feb. 25, 1791. Alexander Hamilton championed the bank, but it wasn’t without its detractors. One of the most vocal opponents of the bank was Thomas Jefferson who argued...

Does the Third Amendment Have Relevancy for Today?

by TJ Martinell | Sep 5, 2020 | 3rd Amendment

Probably the least referred to section in the Bill of Rights is the Third Amendment. Though it has been cited by the U.S. Supreme Court, there has never been an opinion based on it. This might suggest that it has little to no relevance today. But some scholars argue...

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The 10th Amendment

“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.”

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