Necessary and Proper Clause
Constitutional Sleight of Hand: The Evolution of Implied Powers
The U.S. Constitution is a truly unique instrument — not least for its place as a written, and therefore limited grant of authority to the government. This is in stark contrast with all that came before it. Consider the English Constitution American colonists...
Why most federal land holdings are unconstitutional and why you should care
This summer has been quite a wildfire season in the western United States. Uncontrollable fires are becoming increasingly common in the West, but many people in other parts of the country do not understand why. This ignorance makes citizens prey to propaganda about...
Alexander Hamilton’s “Implied Powers” Wrecked the Constitution
During the ratification debates, supporters of the Constitution insisted that the new general government would only exercise the powers explicitly enumerated in the document. But less than three years after ratification, Alexander Hamilton did a complete 180, suddenly...
The Founders’ words were not “meaningless” or “vague”
A common accusation, especially from liberal academics and judges, is that many constitutional phrases are vague or meaningless. Or, as stated by former Supreme Court Justice William J. Brennan, they are “luminous and obscure.” Advocates of an all-powerful central...