“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.”
In response to a U.S. Supreme Court opinion, President Andrew Jackson allegedly remarked “John Marshall has made his decision; now let him enforce it!” Whether he actually said it or not, the statement gets at the heart of an important constitutional question....
It is true that the Constitution does not expressly say that the federal courts have the power to strike down acts of Congress which are unconstitutional. What Article VI of the Constitution does say, however, is that (a) the Constitution is the supreme law of the...
At The Hill, Alan Dershowitz answers yes: Supreme Court could overrule an unconstitutional impeachment. From the beginning: President Trump has said that if the House were to impeach him despite his not having committed “high crimes and misdemeanors,” he might seek...
Well, it’s been a while since I’ve had the opportunity to take apart a mainstream news report on nullification. You probably won’t be surprised when I tell you that after all of these years, reporters are still stupid on the issue. In truth, we...
For the last 100 years, most Americans have assumed the federal court system, and ultimately the Supreme Court, stands as the final arbiter in any constitutional controversy. But who made the federal courts king? The Constitution certainly didn’t. Take a moment and go...