“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.”
When the states joined the union, they gave certain powers to the federal government, and they kept others to themselves. The powers delegated are articulated in the Constitution, and the 10th Amendment clarifies the truism that those powers not surrendered have been...
“States rights are the rights of the people” – John Jay The founding generation valued political decentralization and created a federal government meant to exercise very few powers. Clearly, that is not the system we have today. In a powerful new book, legal...
Every once in a while, the Supreme Court delivers up an opinion conservatives or libertarians like. For instance, conservatives always cheer when federal courts strike down state gun laws. And just last week, libertarians rejoiced when the Supreme Court ruled every...
Is the idea of federalism dead? Does the concept have no relevance in the modern world? Not according to Ernest Young, who addressed the topic in an essay titled “Federalism as a Constitutional Principle.” The essay was given as the William Howard Taft Lecture on...
Does the Constitution matter today? Some people, especially those in the establishment, find it fashionable to mock those of us who say it does. It’s an outdated document, they say, whose outmoded ideas are irrelevant in the twenty-first century. Those silly,...
Most Americans believe that the federal government stands absolutely supreme. Nobody can question its dictates. Nobody can refuse its edicts. Nobody can resist its commands. This is simply not true. Laws passed in pursuance of the Constitution do stand as the supreme...