“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.”
There has been a lot of talk about repealing Authorizations for the Use of Military Force (AUMFs) currently in effect. This, we are told, would restore war powers to Congress where they constitutionally belong. But these plans invariably include new...
Readers of this column are familiar with the concept of the separation of powers, which James Madison crafted as integral to the Constitution. That concept mandates that Congress writes the laws, the president enforces them, the courts decide what they mean and...
A popular way to begin the first day of class in constitutional law in many American law schools is to ask the students what sets the U.S. Constitution apart from all others. Usually, they answer that it’s the clauses that guarantee the freedom of speech,...