“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 first, second, third, and fourth installments in this series described how the Constitution established a relatively small federal government with limited powers and how President Franklin D. Roosevelt’s New Deal challenged that plan. Initially, the Supreme...
In his recent review of Lawrence Lessig’s new book, “Fidelity and Constraint,” Georgetown law professor John Mikhail takes issue with Lessig’s account of the New Deal. Mikhail rejects Lessig’s implied suggestion that the New Deal Court departed from the original...
