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Does Biden’s OSHA vaccination mandate exceed federal authority?

Does Biden’s OSHA vaccination mandate exceed federal authority?

by Rob Natelson | Dec 3, 2021 | Commerce Clause, Constitution, Court Cases, Current Events, Necessary and Proper Clause

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...
Why most federal land holdings are unconstitutional and why you should care

Why most federal land holdings are unconstitutional and why you should care

by Rob Natelson | Sep 15, 2021 | Constitution, Enclave Clause, Necessary and Proper Clause, Property Clause

This summer has been quite a wildfire season in the western United States. Uncontrollable fires are becoming increasingly common in the West, but many people in other parts of the country do not understand why. This ignorance makes citizens prey to propaganda about...
Is Court Packing Constitutional?

Is Court Packing Constitutional?

by Michael Rappaport | Nov 14, 2020 | Judiciary, Necessary and Proper Clause

One of the major issues in the run-up to the election was whether Democrats planned to follow-through on threats to pack the Supreme Court in response to President Trump’s appointment of three justices. As Republican control of the Senate appears more and more likely,...
New evidence on the meaning of the Necessary and Proper Clause

New evidence on the meaning of the Necessary and Proper Clause

by Rob Natelson | May 13, 2019 | Constitution, Necessary and Proper Clause

The Constitution’s Necessary and Proper Clause (Article I, Section 8, Clause 18) provides: The Congress shall have Power . . . To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this...
A Colonial Pamphlet Helps Show Why the Constitution’s Necessary and Proper Clause Granted No Power

A Colonial Pamphlet Helps Show Why the Constitution’s Necessary and Proper Clause Granted No Power

by Rob Natelson | Feb 20, 2019 | Constitution, Necessary and Proper Clause

As I have noted before (for example, here and here) pamphlets written in support of the colonial cause during the years 1763-1774 help us greatly in understanding the language of the Constitution. Unfortunately, most constitutional writers regularly overlook those...
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