The Founders’ words were not “meaningless” or “vague”
A common accusation, especially from liberal academics and judges, is that many constitutional phrases are vague or meaningless. Or, as stated by former Supreme Court Justice William J. Brennan, they are “luminous and obscure.” Advocates of an all-powerful central...
Dr Jekyll and Mr Hyde: Which Hamilton Are You Talking About?
We often hear people referred to as “Hamiltonians.” But that term always makes me wonder, which Hamilton do you mean? I recently had the opportunity to speak to a class at the West Virginia University School of Law. The subject was the constitutionality of...
A Colonial Pamphlet Helps Show Why the Constitution’s Necessary and Proper Clause Granted No Power
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...