The Tenth Amendment is Always the Right Answer
By: Mike Maharrey I’ve been told that law students prepping for the Bar Exam are told that if the Tenth Amendment is ever among the answers on a multiple-choice question, ...
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Back to Tenther Basics
By: Mike Maharrey It’s been a while since I talked about the fundamentals of nullification. I hit all the high points in this interview, from the Kentucky and Virginia Resolutions ...
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On the Omission of the Term “Expressly” from the Tenth Amendment
By: Kurt T. Lash 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 ...
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Supreme Court Simultaneously Tramples State Sovereignty and Fourth Amendment
By: Suzanne Sherman A case recently decided by the U.S. Supreme Court once again reveals the inherent danger of placing virtually unlimited authority in the federal judiciary and centralizing decision ...
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The First Question We Should Always Ask
By: Mike Maharrey| Here is the first question you should ask about any proposal made by any person in the federal government. Is this authorized by the constitution? Not “Do I ...
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