“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...
New Mexico Gov. Michelle Lynn Lujan Grisham’s “emergency” order banning the carrying of firearms in Albuquerque and Bernalillo County is a violation of the natural rights of the people, and likely a violation of the state constitution as well....
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...
Many people want the federal government to protect the right to keep and bear arms by applying the Second Amendment to the states and using it to limit state gun control. The problem with this strategy is that we almost always end up with a lower standard for the...
In the next few weeks, the Supreme Court will be finishing up its October Term. The term gets its name from the fact that it begins Oct. 1. The next few columns will unpack some of the court’s most important decisions. I will be focusing mostly (although not entirely)...