“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.”
Many Americans complain when the courts allow Congress and federal officials to violate the Constitution. Why does that happen? There are several reasons, but here’s one that few people appreciate: Often when judges are called on to interpret a word or phrase in the...
One of the criticisms made of originalism is that an originalist methodology does not constrain judges. Recently, I heard a nonoriginalist critic of originalism claim that an originalist judge can reach any result that he desires. Even if we interpret this claim as...
