“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.”
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...
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...
“Necessary and proper” ranks among the most abused clauses in the Constitution. It has been dubbed the “elastic clause” because of the perception that it allows the scope of federal power to expand. The federal government began abusing this...
Paul Abrams trotted out one of the favorite progressive arguments for virtually unlimited federal power in a recent Huffington Post article. The good ole’ “general welfare” clause. Abrams brings quite an academic pedigree to the party. Yale educated,...
by Timothy Reeves, Oregon Tenth Amendment Center Any honest reading of the US Constitution gives the impression that the Federal Government is but a lackey to the states. However, when it comes to the way it has been interpreted (incorrectly), there are three clauses...