“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 Necessary and Proper Clause is arguably the most misunderstood and abused clause in the Constitution. During the ratification debates, Anti-Federalists, and even one of the primary drafters of the clause, warned that the wording was ambiguous and it would be...
After Congress passed a bill to establish the first national bank in early 1791, President George Washington asked Attorney General Edmund Randolph to prepare an opinion on the bill’s constitutionality. Randolph came down firmly against the measure, arguing that the...
One of the most significant (and often abused) clauses in the U.S. Constitution is the “Necessary and Proper” Clause. The clause states: “The Congress shall have Power… To make all Laws which shall be necessary and proper for carrying into Execution the...
Last month’s installment covered the first three parts of Section 1 of the 14th Amendment—the Citizenship Clause, Privileges or Immunities Clause, and Due Process Clause. This installment addresses the remainder of Section 1 as well as Sections 2 through 5....
On November 12, a federal appeals court suspended the Occupational Safety and Health Administration (OSHA) order fining businesses with 100 or more employees for each employee unvaccinated against COVID-19. This is one of three vaccination mandates issued by the...