“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.”
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...
I don’t think anybody is surprised when politicians flip-flop. George H.W. Bush with his “no new taxes” pledge provides a great modern example. But Alexander Hamilton arguably gave us the most damaging, if not the biggest, flip-flop ever when he did a complete 180 on...
In the Boston Globe, Laurence Tribe (Harvard) makes an originalist case that the Vice President cannot break ties on appointments votes. It’s an interesting issue but I am not persuaded. He begins: While the vice president has the power to cast a tiebreaking...
The First Bank of the United States was chartered for a period of 20 years by Congress on Feb. 25, 1791. Alexander Hamilton championed the bank, but it wasn’t without its detractors. One of the most vocal opponents of the bank was Thomas Jefferson who argued...
We often hear people referred to as “Hamiltonians.” But that term always makes me wonder, which Hamilton do you mean? I recently had the opportunity to speak to a class at the West Virginia University School of Law. The subject was the constitutionality of...