The Destructive Legacy of McCulloch v. Maryland
by Nelson Lund McCulloch v. Maryland (1819) is probably the Supreme Court’s single most influential case. Its importance arises largely from its doctrine of implied congressional powers, which has been ...
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How Thomas and Gorsuch Preserve the Generative Power of Originalism
by John O. McGinnis The most important practical question for originalism today is the relation of original meaning to precedent. The Supreme Court has decided thousands of cases about the ...
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Has The Constitution Failed?
By KrisAnne Hall, JD There is an argument that seems to resurface repeatedly that the Constitution has failed and as a result, American politics are out of control. I have ...
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Birthright Citizenship and Dual Citizenship: Harbingers of Administrative Tyranny
Edward J. Erler Birthright Citizenship—the policy whereby the children of illegal aliens born within the geographical limits of the United States are entitled to American citizenship—is a great magnet for ...
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A Colonial Pamphlet Helps Show Why the Constitution’s Necessary and Proper Clause Granted No Power
By: Rob Natelson As I have noted before (for example, here and here) pamphlets written in support of the colonial cause during the years 1763-1774 help us greatly in understanding the language of ...
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Our Goal is Federalism, not “States’ Rights”
by Gary Wood Are the members of the 10th Amendment efforts supporting federalism or states’ rights? Should we link ourselves to John C. Calhoun and the notion of secessionism and ...
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Why the “National Public Vote” Scheme is Unconstitutional
By: Rob Natelson The U.S. Supreme Court says each state legislature has “plenary” (complete) power to decide how its state’s presidential electors are chosen. But suppose a state legislature decided ...
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James Otis: The Founding Father of the Fourth Amendment
by Gary M. Galles February 5 marks the birth of the American who had the greatest hand in what became the 4th Amendment’s prohibition of unreasonable searches and seizures – James ...
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Marshall, the Dartmouth College Case, and Originalism
by Carson Holloway Two hundred years ago this week, the Supreme Court issued its now famous ruling in Dartmouth College v. Woodward. Writing for the Court, John Marshall defended the ...
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