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Law Professor Gets F In Constitutional Calculus

May 25, 2020 10th Amendment 0

By: Mike Maharrey If you’re going to make a constitutional argument for some federal action, it will prove more compelling if you actually make a constitutional argument. That means pointing ...

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The 10th Amendment: An Introduction

May 14, 2020 10th Amendment 0

By: Michael Boldin “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 ...

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Model Second Amendment Resolution for Counties or State Legislatures

by Publius Huldah Please note:  I reason from First Principles set forth in our two Founding Documents. WHEREAS, our Declaration of Independence is the Fundamental Act of our Founding and ...

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The Tenth Amendment is Always the Right Answer

November 21, 2019 10th Amendment / Uncategorized 0

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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