“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.”
The current Supreme Court is a vigorous defender of property rights. In general, I like that. But as I observed in a column last year, the court sometimes goes beyond what an accurate reading of the Constitution can justify. The Fifth Amendment is part of the Bill of...
Can former President Donald Trump be disqualified from another presidential term? The answer to that question partly hinges on the answer to this one: Does the “disqualification” language in the Constitution’s 14th amendment apply to a candidate seeking the...
The Incorporation Doctrine is a commonly accepted constitutional interpretation asserting that the 14th Amendment to the U.S. Constitution made the Bill of Rights enforceable by the federal government against the states. But not everyone agrees. In his paper Reversing...
What would you do if you were driving a vehicle and came upon a traffic light that had both red and green lights on? Most rational folks would stop. After all, the red means “stop and stay stopped until the red light goes off,” and the green means...
Should we adhere to the original Constitution of 1789 or the Constitution of 1868? You might be asking, “What is the difference?” Last year, I talked about the rise of the “Progressive Originalists”, those who buttress their loose construction on a distorted reading...