Indian Child Welfare Act: Another case of Congress’s overreach goes to the Supreme Court
By: Rob Natelson The federal Indian Child Welfare Act (ICWA) is a classic instance of congressional overreach: It imposes sweeping child adoption rules on the states and has caused extreme hardship ...
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Federal Judges Protect and Defend Precedent
A nominee for a seat on a U.S. Court of Appeals revealed exactly why we can’t count on federal judges to “protect and defend” the Constitution. Their commitment is to ...
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The Incorporation Doctrine and the Bill of Rights
By: Mike Maharrey In a previous Constitution 101 post, I established that the Bill of Rights was not originally intended to apply to the states. But lawyers and other supporters of ...
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Clearing up the confusion about Marbury v. Madison
By Publius Huldah It is true that the Constitution does not expressly say that the federal courts have the power to strike down acts of Congress which are unconstitutional. What ...
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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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Originalism and Article III Judicial Power
By: Michael Rappaport One of the most difficult challenges for originalism is to determine to what extent the Constitution limits the adjudication of matters by entities other than Article III ...
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The Relationship Between the Declaration of Independence and the Constitution
Rob Natelson This article originally appeared on the Independence Institute website. I’m sometimes asked about the relationship between the Declaration of Independence and the Constitution. Their connection is not difficult ...
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