Necessary and Proper Clause
Exposing the “Living Document” Lie
Despite all historical evidence to the contrary, it is often claimed that the Constitution is a โliving documentโ that is easily malleable through semantics and modern desires for extended federal power. This is the view that saturates public schools, the mainstream...
“Proper,” “Plenary,” and Preamble
by Jon Roland, originally published at the Constitutionalism Blog It was not untilย NFIB v. Sibelius,ย 132 S.Ct. 2566 (2012), that the Supreme Court began to address the meaning of “proper” in the Necessary and Proper Clause, on which most of the powers of...
Can Treaties Override the Constitution?
One of the most common questions posed to me when I discuss the Constitution on talk radio is โCan a treaty override the Constitution?โ The question has arisen particularly in view of the pending Supreme Court case ofย Bond v. United States. In that case, Congress is...
Federal “Tort-Reform” Bill Unconstitutional
Just to show you that hypocrisy is alive and well in Washington, D.C. (as if you didnโt know), Title V of the Republican bill to โrepeal and replace Obamacareโ contains some of the same constitutional problems that led 27 states to challenge Obamacare. Under Title V,...