“Necessary” Is Not a Constitutional Argument
I hear a lot of bad constitutional arguments justifying this or that federal action. One common justification for expanding federal power is: “This thing is necessary! It needs to be done.” But it doesn’t follow that the federal government has to do...
How our Constitution was supposed to work: new evidence comes to light
Judging by the promises of presidential candidates, you might think the federal government is designed to fix whatever ails us: health care, education, crime, infrastructure, the common cold. But the Constitution doesn’t grant the federal government such unlimited...
The founder who told Americans we have a right to military weapons
Does the Constitution’s right to keep and bear arms apply to everyone? Or only to law enforcement and the National Guard? Does the right include so-called “assault weapons?” A newly published document from America’s founding offers a clue. When interpreting the...