The Founders on Federal Enforcement
Some people believe that all branches of the federal government should fully enforce all federal laws until they’re overturned by a court or repealed by Congress. But the Founders disagreed. ...
Read more.The Original Meaning and The Exclusionary Rule
In his recent concurrence in Collins v. Virginia, Justice Clarence Thomas argues that the exclusionary rule for Fourth Amendment violations should not be applied against the states. He states that ...
Read more.Anti-Commandeering: An overview of five major Supreme Court cases
The Supreme Court has long held that states do not have to actively participate in the enforcement or effectuation of federal acts or regulatory programs. James Madison’s advice for resisting ...
Read more.An Entertaining Way To Easily Learn About The US Constitution
A captivating statesman from America’s past takes a modern-day family on a series of wild adventures. With a spicy mix of humor, magic and logic, he opens their eyes to ...
Read more.The NSA Continues to Abuse Americans with a 300% Increase in Data Intercepted and Stored
One of the few positive things in the ill-named USA FREEDOM Act, enacted in 2015 after the Snowden revelations on NSA domestic spying, is that it required the Director of ...
Read more.Supreme Court’s Sports Gambling Opinion is a Rare and Major Win for the Tenth Amendment
Earlier today, the Supreme Court issued its decision in Murphy v. NCAA. The Court’s opinion was rare in that it not only struck down a federal law that infringed on ...
Read more.A Pox on Both Your Houses, Part II: Anti-Originalist Historians
In my last post, I described how the anti-historical bent of some originalists was undermining their credibility, qua originalists. In this post, I hope to show how the anti-originalist historians, ...
Read more.The Proof is in the Pudding: State and Local Action Drives Change in D.C.
I frequently say “Washington D.C. will never fix America’s problems. Washington D.C. is America’s problem!” People often take that to mean I don’t think we can fix America’s problems. That’s ...
Read more.New Info on the Constitution’s Ratification. Part I: South Carolina
Judges and lawyers sometimes refer to the “intent of the framers” or the “original meaning” when describing how we should read the U.S. Constitution. However, if you want to apply ...
Read more.Today in History: The Philadelphia Convention Convenes
On May 14, 1787, delegates from the several states convened in Philadelphia, forming a convention with the initial aim of proposing amendments to the Articles of Confederation. Over the course ...
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