The 10th Amendment

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The 10th Amendment

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Should we interpret the Constitution so the feds can oversee everything affecting more than one state?

Should we interpret the Constitution so the feds can oversee everything affecting more than one state?

by Rob Natelson | Nov 20, 2019 | Constitution, Founding Fathers, Founding Principles

The Constitution lists powers it grants to the federal government, reserving the rest in the states and the people. Over the last few decades, some federal powers—particularly those embodied in the Commerce Clause, Taxation Clause, Necessary and Proper Clause, and...
The Constitutional Case For Gridlock

The Constitutional Case For Gridlock

by Dave Benner | Oct 11, 2015 | Constitution, Constitution, Eleven Years, Federal Power, Founding Fathers

These days, it is common to hear people criticize government on the basis that it “can’t get anything done.” Partisan gridlock is often raised as a culprit, and it is almost universally condemned by all sides. But the founders valued partisan gridlock as a roadblock...
The Virginia Plan and the General Welfare Clause

The Virginia Plan and the General Welfare Clause

by Rob Natelson | Mar 18, 2013 | Constitution, Founding Principles, General Welfare Clause, Historical Documents

The inadequacy of the Articles of Confederation as a governing charter induced the delegates at the federal convention to look for other models. The perils of extreme decentralization, coupled with the understandable influence of British precedents, help explain why...

Getting the Supremacy Clause Wrong

by Michael Boldin | Oct 30, 2009 | Audio/Video, Constitution, Video

A recent article in the New York Times covered the growth of state-level resistance to a future national health care plan. For example, in 2010, voters in Arizona will have a chance to approve a state constitutional amendment that would effectively ban national health...
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