“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.”
We hear it said that whenever the Senate ratifies a treaty, it becomes part of “the supreme Law of the Land”. But is that True? Not necessarily! Walk with me, and I will show you how to think through this question, and how to analyze other constitutional questions...
The purpose of journalism is to uncover truth – especially uncomfortable truth – and to publish it for the benefit of society. In a free society, we must be informed of the criminal acts carried out by governments in the name of the people. Throughout history,...
If you’re going to make a constitutional argument for some federal action, it will prove more compelling if you actually make a constitutional argument. That means pointing to the constitutional provision that authorizes an exercise of federal power. Not making...
Every so often I’m asked whether the Founders anticipated judicial review. In other words, whether the Founders expected the courts to void laws they found unconstitutional. The clear answer is “yes.” During the colonial era, each colony was governed by its charter,...
The Trump administration posted another massive budget deficit to start out calendar-year 2020. According to the latest data released by the U.S. Treasury Department, Uncle Sam spent $32.6 billion more than it took in last month. That compares with an $8.7 billion...
The New Yorker recently published an article by a law professor and CNN commentator that purported to critique originalism—the view that the Constitution means what the ratifiers understood it to mean. But like many attacks against originalism, it assailed a cartoon...