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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More News on Powers Reserved Exclusively to the States
by Robert G. Natelson Note from the Editor: The Federalist Society takes no positions on particular legal and public policy matters. Any expressions of opinion are those of the author. ...
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The Founders Interpret the Constitution: The Division of Federal and State Powers
by Robert G. Natelson Note from the Editor: This article surveys ratification-era statements by defenders of the proposed Constitution enumerating powers that would be reserved to the states. It argues ...
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How the Founders told us the Constitution would restrict federal power
By: Rob Natelson Everyone who studies the Constitution knows it grants to agencies of the federal government and a few other entities only enumerated (listed) powers. Sometimes, though, it is ...
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The Commerce Clause and the Constitution: Not a Power to Do Whatever They Want
By: Michael Boldin The federal government claims that Article I, Section 8, Clause 3 of the Constitution gives it the power to regulate and control everything from healthcare, to what ...
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Trump’s Executive Order on Health Care Transparency and the Constitution
By: Judge Andrew Napolitano Many of my media colleagues have been lauding President Donald Trump for signing an executive order earlier this week directing the federal Department of Health and ...
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The Lie of “Separation of Church and State” & the U.S. Supreme Court’s Usurpations of Power
By Publius Huldah 1. How did it happen that our country became a land where Christian children are forbidden to use the word, “God”, in the public schools; public school ...
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Judicial Checks and Moral Hazard
by Greg Weiner The ACLU has hailed a federal judge’s ruling last month that President Trump cannot redirect military construction resources to build a border wall that Congress refused to ...
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How States Can Man-up and Stop Abortion
By Publius Huldah If the American People (and American lawyers) had been properly educated, they would know that our federal Constitution created a federal government of enumerated powers only, and ...
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Originalism and Article III Judicial Power
by Mike 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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